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3025 
1814 

'SOCUWINTS 
DIPT. 


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JOURNAL 


)iE  THE 


COUNCIL  OF  CENSORS, 


AT  THEIR  SESSIONS 


IN 


JUNE  AND  OCTOBER,  1813, 


AlTD 


JANUARY,  1814, 


MIDDLEBURY : 

miNTED^  BX    SLADE   &    FERGITSON. 
18U, 


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JOURNAL. 


THE  Council  of  Censors,  elected  on  the  last 
Wednesday  of  March,  A.  D.  1813,  agreeably  to 
the  forty-thud  section  of  the  Constitution  of  the 
State  of  Vermont,  and  an  act  of  the  General  As- 
sembly of  said  State,  assembled  at  the  State-house 
in  Montpelier,  on  the  first  Wednesday  of  June, 
(being  the  2d  day  of  the  month)  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirteen, 
and  in  the  thirty-seventh  year  of  the  Independence 
of  the  United  States  ; — when  the  following  named 
persons  appeared,  produced  credentials  of  their 
election,  and  took  their  seats,  to  wit : — 

The  Honorable  ISAAC  TICHENOR, 

Tlie  HonoraoU  NATHANIEL  CHIPMAN, 

WILLIAM  HALL,  jr. 

CHARLES  MARSH, 

ISAAC  BAYLEY, 

LUTHER  JEWETT, 

EBENEZER  CLARK, 

ELIJAH  STRONG, 

NICHOLAS  BAYLIES,  & 

ROBERT  TEMPLE, 

The  above  named  members  constituting  a  quo- 
rum of  said  Council,  they  proceeded  to  the  choice 
of  a  President  and  Secretay  ; — ^when,  the  ballots 
having  been  taken,  sorted  and  counted,  it  appeared 
that  the  Honorable  Isaac  Tichenor  was  elected 
President  of  said  Council,  and  Robert  Temple 
was  elected  Secretary. 


Esquires, 


**'Mk 'Mairsh  moved  the  following  Resolution, 
which  was  read  and  passed,  to  wit : 

In  Council  of  Censors,  ) 

MontpeUer,  June  2d,  1813.  ) 

jResolved,  That  the  Rev.  Chester  Wright  be  re- 
quested to  attend  this  Council  during  the  present 
session,  as  Chaplain,  and  that  the  meeting  of  the 
Council  be  opened  every  day  with  prayer,  at  9 
o'clock  in  the  morning. 

On  motion  of  Mr.  Marsh,  the  following  Resolu- 
tion was  read  and  adopted  : 

Resolved,  That  the  Sheriff  of  the  County  of  Jef- 
ferson be,  and  he  hereby  is  requested,  to  attend  by 
himself  or  deputy,  the  meeting  of  this  Council, 
dming  its  present  session. 

The  Council  adjourned  until  9  o'clock  to-mor- 
row morning. 

Thursday,  3d  June  1813,  9  o^ clock  A.  M. 
The  Council  met  pursuant  to  adjournment. 
On  motion  of  Mr.  Chipiuan, 

Resolved,  That  a  committee  of  three  members 
be  appointed,  to  be  denominated  a  Committee  of  Ar- 
rangement, to  propose  and  report  such  business  for 
the  consideration  of  the  Council  as  they  may  think 
proper. 

Members  chosen,  Messrs.  Chipman,  Marsh  and 
Tichenor. 

The  Council  adjourned  until  2  o'clock  this  af- 
ternoon. 

At  2  o'clock  P.  M.  the  Council  met  pursuant  to 
adjorirnment. 

Mr.  Chipman,  from  the  Committee  of  Arrange- 
ment, made  the  following  Report,  in  part : 

In  Council  of  Censors,  June  3d,  1813. 
The  Committee  to  whom  was  referred  the  ar- 
rangement of  business  which  ought  to  be  taken  up 
by  Uie  Council,  Report^ 


w 


That  the  said  Council  ought  to  enquire, 

Urst — Whether  all  the  statutes  now  in  force  are 
consistent  with  the  various  provisions  of  the  consti- 
tution. 

Under  this  head  they  ought  to  enquire, 

1st,  Into  the  constitutionality  of  the  act  estab- 
lishing a  State  Bank,  and  the  various  acts  on 
the  same  subject. 

2d,  They  ought  to  enquire  into,  and  examine  the 
act  entitled  "an  act  to  prevent  intercourse  with 
the  enemies  of  this  and  the  United  States." 

3d,  They  ought  to  enquire  into  the  constitution- 
ality of  the  act  entitled  '^an  act  to  provide  for 
the  raising  a  volunteer  corps  for  the  service  of 
the  United  States." 

4th,  Into  the  constitutionality  of  the  act,  entitled 
"an  act  suspending  civil  process  against  the  per- 
sons and  property  of  the  officers  and  soldiers 
of  this  State,  while  in  service." 

Second — Whether  the  public  taxes  have  been 
justly  laid  and  collected  in  all  parts  of  the  State. 

Third — In  what  manner  the  public  monies  have 
been  disposed  of. 

Under  this  head  they  ought  to  enquire, 

1st,  into  the  expenditure  of  the  public  monies 
in  the  management  of  the  State  Bank. 

2d,  Into  the  expenditure  of  monies  appropria- 
ted for  the  building  of  a  State  prison. 

3d,  Into  the  expenditure  of  public  monies  by 
various  acts  of  the  Legislature  in  making  par- 
ticular appropriations. 

Fourth — They  ought  to  enquire  whether  the 
laws  have  been  duly  executed. 

Under  this  head  they  ought  to  enquire, 

1st,  Whether  the  military  power  has  not,  in  re- 
peated instances,  violated  the  sacred  rights  of 
civil  liberty,  of  individual  citizens  ; — and 
whether  the  executive  autliority  of  this  State 
{lave  taken  proper  measures,  as  guardians  of 


6 

the  rights  of  the  people,  to  discountenance  and 
prevent  such  encroachments. 

2d,  Whether  many  of  the  County  Courts  have 
not,  in  derogation  of  the  rights  of  creditors, 
wantonly  abused  the  discretion  confided  to 
them  by  the  laws,  in  setting  out  liberties  of 
gaol  yards. 

Fifth — They  ought  to  enquire  whether  it  is  the 
duty  of  the  Council  to  recommend  any,  and  what 
alterations  or  amendments  in  the  Constitution. 

1st,  Particularly  the  introduction  of  ^Senate  as 
a  co-ordinate  branch  of  the  Legislature. 

2d,  To  designate  the  powers  and  duties  of  the 
Governor ;  to  provide  for  a  Council  of  Re- 
vision on  laws  to  be  passed. 

3d,  To  provide  for  a  different  mode  of  appoint- 
ments to  office — particularly  the  appointments 
of  Judges  of  the  Supreme  Court;  and  wheth- 
er they  ought  by  the  Constitution  to  hold  their 
offices  during  good  behaviour;  and  yet  be  re- 
movable by  a  concurrent  resolution  of  both 
houses  ; — and  whether  their  Compensation 
ought  not  to  be  fixed. 

4th,  Whether  it  be  necessary  to  continue  the 
Court  of  Chancery  ;  and  if  continued,  whether 
it  ought  not  to  be  a  separate  court. 

5tb,  Whether  it  would  not  be  proper  to  organ- 
ize the  County  Courts  in  such  manner  as  to 
divide  the  State  into  circuits,  with  a  Chief  Jus- 
tice to  preside  in  each  Court  in  his  circuit, 
and  to  hold  his  office  on  the  same  tenure  as 
the  .fudges  of  the  Supreme  Court ;  and  to  fix 
the  tenure  of  office  for  the  Assistant  Judges 
and  Justices  of  the  Peace,  &c.  &:c. 

All  which  is  submitted  by 

N.  CBIPM AN, /or  Committee. 

Daniel  Farrand,  Esq.  appeared,  produced  cre- 
dentials of  his  election  ai  a  member  of  thi^  Coun- 
cil^ and  took  his  seat. 


The  Council  adjourned  until  9  o*clock  to^nor* 
row  morning. 

Friday yUk  June,  1813,  9  o'clock  A.  M. 
The  Council  met  pursuant  to  adjournment. 
The  Committee  of  Arrangenfient  made  the  fol- 
lowing additional  Report : 

in  Conncil  of  Censors,  June  4,  1B13. 
The  Committee  to  whom  was  referred  the  ar- 
rangement of  Fnisiness  which  ought  to  be  taken  in- 
to consideration  b}'  the  Council,  further  Report : 

That  the  Council  ought  to  enquire  into  the  ex- 
pediency of  making  constitutional  provision  for  se- 
curing to  the  citizens  of  this  State  the  privilege  of 
the  writ  of  Habeas  Cormis. 

N.  CHIPMAN,  Jor  Committee. 

Which  additional  Report  was  read  and  accepted. 

The  Report  of  the  Committee  of  Arrangements 
was  taken  up  and  read  by  paragraphs ;  when,  that 
part  of  the  Report  which  relates  to  the  enquiry 
t\^hether  all  the  statutes  now  in  force,  are  consistent 
with  the  various  provisions  of  the  Constitution,  w  aa^ 
referred  to  a  committee  of  two,  consisting  of 
Messrs.  Parrand  and  Edmonds. 

On  that  part  of  the  Report  which  relates  to  the 
enquiry  whether  the  public  taxes  have  been  justly 
laid  and  collected  in  all  parts  of  the  State ;  the 
President  is  requested  to  communicate  with  the 
Treasurer  of  this  State  on  tbat  subject,  with  a  view 
to  obtain  the  necessary  information. 

On  that  part  of  the  subject  of  said  Report,  which 
relates  to  the  enquiry,  in  what  manner  the  public 
monies  have  been  disposed  of,  Mr.  Farrand  intro- 
duced the  following  Resolution,  which  was  read 
and  adopted : 

Resolved,  That  a  committee  of  two  be  appointed 
to  enquire  into  the  expenditure  of  public  monies 
during  the  last  septenary  ;  and  that  said  committee 
have  power  to  call  on  the  Treasurer,  and  all  other 


officers  of  this  State,  to  furnish  such  documents  as 
they  may  deem  necessary  to  elucidate  the  subject* 

Members  chosen,  Messrs.  Baylies  and  Marsh. 

That  part  of  the  Report  which  relates  to  the  en- 
quiry whether  the  laws  have  been  duly  executed, 
was  referred  to  a  committee  of  three,  consisting  of 
Messrs.  Farrand,  Temple  and  Baylies. 

That  part  of  said  Beport  which  relates  to  the 
proposal  of  alterations  and  amendments  to  the 
Constitution,  w  as,  on  niotion  of  Mi*.  Marsh,  refer- 
red to  a  committee  of  two.  Members  chosen, 
Messrs.  Cliip:nan  and  Temple. 

A  letter  was  received,  directed  to  the  Council  of 
Censors,  dated  .Jericho,  .Tune  1,  18] 3,  signed  .John 
Thompson,  complaining  of  the  Judges  of  the  Su- 
preme Court,  &c.  which  was  read. 

The  Council  adjourned  to  the  second  Thursday 
of  October  next,  to  meet  at  10  o'clock  A.  M.  at 
the  State-House. 

On  the  second  Thursday  of  October,  (being  the 
14th  day  of  the  month)  A.  D.  1813,  several  mem- 
bers of  the  Council  of  Censors  met  at  Montpelier, 
pursuant  to  adjournment  ;  and  a  quorum  not  being 
present,  adjourned  until  to-morrow  morning,  at  9 
oi'clock. 

Friday,  15th  Oct  1813,  9  o'clock  A.  M. 

The  Council  met  pursuant  to  adjournment;  and 
there  not  being  a  quorum  present,  adjourned  until 
to-morrow^  morning  at  9  o'clock. 

Saturday,  Oct.  16,  1813,  9  o'clock.  A,  M. 

The  Council  met  puisuaat  to  adjournment,  and 
a  quorum  appeared. 

A  letter  was  received  from  William  Barton,  da- 
ted Danville  Gaol,  Oct.  12,  1813,  complaining  of 
the  conduct  of  the  J  udges  of  the  Supreme  Court ; 
which  was  read. 

A  communication  was  received  from  Joseph  Hi 
Ellis,  complaining  of  the  conduct  of  tiie  Judges  of 


\ 


9 

the  Supreme  Court,  and  sundry  other  officers  of 
the  Government ;  which  was  read. 

Mr.  Hall  introduced  the  following  Resolution, 
which  was  read  and  adopted,  to  wit : 

In  Council  of  Censors,  Oct.  16,  1813. 

Resolved,  That  this  board  will  meet  the  two 
branches  of  the  Legislature  in  the  Representatives* 
room,  at  the  opening  of  the  House  in  the  morning, 
for  the  purpose  of  attending  prayers  ;  and  that  the 
meeting  of  this  board  be  at  nine  o'clock  in  the 
morning,  during  the  present  session. 

The  Council  adjourned  until  two  o'clock  this  af- 
ternoon. 

At  two  o'clock  P.  M.  the  Council  met  pursuant 
to  adjournment. 

On  motion  of  Mr.  Marsh,  Mr.  Bayley  was  added 
to  the  committee  on  that  part  of  the  Repoil  of  the 
CmnmiUee  of  Arrangement  which  relates  to  the  en- 
quiry, whether  all  the  statutes  now  in  force  are 
consistent  with  the  various  provisions  of  the  consti- 
tution. 

To  give  time  to  the  several  committees,  the 
Council  adjourned  until  Monday  next  at  9  o'clock 
A.M. 

MoMayy  lUh  Oct  9  o'clock  A,  M. 

The  Council  met  pursuant  to  adjournment ;  and 
none  of  the  committees  being  ready  to  report,  ad- 
journed to  2  o'clock  this  afternoon. 

At  2  o'clock  P.  M.  the  Council  met  agreeably 
to  adjournment — and  after  some  time  spent  in  ses- 
sion adjourned  until  to-morrow  morning. 

Tuesday,  1 9/A  Oct  9  o'clock  A.  M, 

Mr.Chipman  moved,  that  the  committee  to  whom 
was  referred  that  part  of  the  Report  of  the  Cowi- 
miitee  of  Arrangement  which  relates  to  the  propo- 
sal of  alterations  and  amendments  to  the  Constitu- 
tion, be  discharged  ;  which  passed  in  the  negative. 

The  Council  adjourned  until  to-morrow  morning 
to  give  time  to  the  sevei  al  committees  to  make  re- 
port.. .  B 


10 

Wednesday,  20th  Oct  9  o'clock  A.  M. 

The  Council  met  agreeably  to  adjournment. 

The  Committee  appointed  to  enquire  whether 
all  the  statutes  of  this  State,  now  in  force,  are  con^ 
sistent  with  the  various  provisions  of  the  Constitu- 
tion, made  the  following  Report  : 

'To  the  Honorable  the  COUNCIL  OF  CENSORS, 

now  convened  at  Montpelier, 

Your  Committee  appointed  to  enquire  whether  ^ 
all  the  statutes  of  this  Stale,  now  in  force,  are  con- 
sistent with  the  various  provisions  of  the  Constitu- 
tion ;— Report  in  part : 

That  the  act  entitled  "an  act  to  prevent  inter- 
course with  the  enemies  of  this  and  the  United 
States,  on  the  northern  frontiers,"  passed  the  6th 
day  of  November,  A.  D.  1812,  is,  in  the  opinion  of 
this  committee,  unconstitutional  in  the  following 
particular  : 

1st.  It  appears  to  this  committee,  that  this  is  a 
subject  on  which  the  Legislature  of  this  State  have 
no  right  to  act ;  the  whole  power  to  regulate  com- 
merce and  the  intercourse  with  foreign  nations, 
both  in  peace  and  war,  have  been  delegated  to  the 
Congress  of  the  United  States. 

2d.  The  second  section  of  said  act  authorises  any 
olie  who  may  suspect  that  another  is  driving  cattle, 
or  carrying  property  to  the  province  of  Lower 
Canada,  to  apprehend  such  person  witliout  warrant, 
and  him  detain,  until  a  warrant  can  be  obtained  : 
which  your  committee  conceive  to  be  a  direct  vio- 
lation of  the  l]th  article  of  the  Bill  of  Rights. 

3d.  That  the  third  section  of  the  said  act,  de- 
prives the  person  whose  property  may  be  siezed 
under  the  same,  of  his  rigiit  to  trial  by  jury,  or 
even  of  any  trial,  by  making  no  provision  for  giving  . 
notice  of  the  seizure,  or  of  his  property  being  li- 
l)eiled,  and  makes  it  the  duty  of  the  Justices  be- 
fore wliom  the  same  is  libelled,  to  proceed  immedi- 
ate *y  to  condemn  the  same. 


11 

4th.  By  the   fourth  section   of  said  act,  every 
justice  of  the  peace,  within  his  jurisdiction,  is  au- 
thorised, without  warrant,  to  inspect  the  trunks  or 
papers  of  any  person  travelling  to  or  from  the  prov- 
,ince  of  Canada,  or  elsewhere,  under  suspicious  cir- 
cumstances, and  open  the  same,  if  necessary,  and 
to  detain  such  papers  as  he  may  deem  improper  to 
be  carried  to  or  from  said  province  ;  whereas,  by 
the  11th  article  of  the  Bill  of  Rights,  it  is  declared, 
"that  the  people  have  a  right  to  hold  themselves, 
their  papers,  and  possessions,  free  from  search  or 
seizure,"  &c. :  for  which  reasons  your  committee 
are  of  opinion  that  the  said  act  ought  to  be  public- 
ly censured  by  this  Council ;  and  that  the  repeal 
thereof  be  recommended  to  the  Legislature. 
^  Your  Committee  further  report,  that  the  act  en- 
titled  an  act,  suspending  civil  process  against  the 
persons  and  property  of  the  officers   and  soldiers 
of  this  State,  while  in  service,  passed  the  6th  of 
November,  1812,  is  contrary  to  the  Constitution  of 
this  State  ;  inasmuch  as  the  said  law  suspends  the 
right  of  action,  which  every  citizen  ought  to  have 
for  redress  of  .any  wrongs  or  trespasses  Vi^hich  may 
be  x:ommitted  or  done   by  that  particular  class  of 
people,  and  tend  not  only  to  raise  the  military  over 
the  civil  authority,  but  actually  to  put  the  citizens 
under  the  control  of  the  officers  and  soldiers  who 
may  be  stationed  in  this  State  ;— wherefore   your 
committee  are  of  opinion,  that  the  last  mentioned 
act  ought  also  to  be  publicly  censured,  and  the  re- 
peal thereof  recommended  to  the  Legislature. 

Your  Committee  have  examined  the  laws  passed 
at  the  last  session  of  the  Legislature,  to  provide 
for  the  raising  a  volunteer  corps,  aiitl  although  they 
believe  those  acts  are  as  exceptionable  as  those  be- 
fore mentioned,  yet  as  they  have  expired,  and  cea- 
sed to  operate,  your  committee  have  not  thought  it 
worlii  while  to  notice  them  anv  farther.  All  w  hich 
is  submitted  by  DANIEL  FARRAND, 

Oct,  20///,  1813.         ISAAC  BA YLE Y. 


12 

The  foregoing  Report  having  been  read,  was  or- 
dered to  lie  on  the  table. 

llie  Council  adjourned  until  2  o'clock  P.  M. 

At  2  o'clock  P.  M.  the  Council  met  according  to 
adjournment. 

Mr.  Chipman,  from  the  committee  to  whom  was 
referred  that  part  of  the  Report  of  the  Committee 
of  Arrangement^  which  relates  to  the  proposal  of  al- 
terations  and  amendments  to  the  Constitution, 
made  Report : 

That  in  the  opinion  of  your  committee,  it  will 
be  expedient  to  propose  amendments  to  the  follow- 
ing  etiect : 

1st.  To  propose  a  Senate  in  lieu  of  the  present 
Executive  Council,  to  be,  with  the  House  of  Rep- 
resentatives, a  co-ordinate  branch  of  the  Legisla- 
ture. 

2d.  The  Senate  to  be  composed  of  members 
elected  from  each  County.  The  Freemen  of  any 
County,  which  shall  at  any  time  be  found  to  con- 
tain, agreeably  to  the  census  of  the  United  States, 
not  less  than  seven  thovsand  inhabitants,  shall  elect 
two  Senators  of  such  County ;  and  the  Freemen  of 
each  County  which  shall  in  like  manner  be  found 
to  contain  less  than  seven  thousand  inhabitants,  shall 
be  entitled  to  elect  one  Senator  for  such  County. 
To  make  a  provision  for  ascertaining  and  giving 
notice  to  the  Senators  who  shall  be  chosen  at  the 
first  election ;  to  be  thereafter  regulated  by  law. 
That  a  majority  of  the  Senators  elected  constitute 
a  quorum.  The  Senate  to  have  the  like  power  to 
decide  on  the  elections  and  qualifications,  and  to 
expel  any  of  its  members,  as  is  provided  in  the  case 
of  the  House  of  Representatives,  and  to  appoint 
its  own  officers.  The  Lieut.  Governor  to  be  Pres- 
ident of  the  Senate,  except  when  he  shall  exercise 
the  office  of  Governor ;  in  which  case,  and  when 
the  office  shall  be  vacant,  the  Senate  to  appoint 
one  of  its  own  members  President  jtro  tempore. 


13 

The  Lieut.  Governor,  when  presiding  in  the  Sen- 
ate, to  have  a  casting,  but  no  other  vote. 

3d.  The  Governor  and  Lieut  Governor  to  be 
elected  in  the  manner  prescribed  by  the  constitu- 
tion and  laws  of  the  State ;  to  hold  their  respec- 
tive offices  for  one  year,  from  the  day  of  declar- 
ing their  election,  until  the  first  day  inclusive  of 
the  next  annual  session  of  the  Legislatuie. 

4th.  Hereafter,  the  person  having  the  greatest 
number  of  legal  votes  for  Governor,  shall  be  de^ 
Glared  duly  elected. 

5th.  If  there  shall  at  any  time  be  no  due  election 
by  the  Freemen,  of  Governor  or  Lieut.  Governor, 
the  Senate,  when  organized,  and  the  House  of  Rep- 
resentatives, shall,  by  joint  ballot,  elect  to  the  of- 
fice of  Governor  or  Lieut.  Governor,  as  the  case 
may  be,  one  of  the  two  candidates  for  those  offi- 
ces, respectively,  for  whom  the  greatest  number  of 
legal  votes  shall  have  been  returned.  In  the  ab- 
sence of  the  Governor,  or  in  cases  of  inability  or 
vacancy  in  the  office,  the  Lieut.  Governor  shall 
exercise  the  powers  of  Governor;  and  provision 
shall  be  made  by  law  for  designating  the  officer, 
who,  in  the  absence,  inability,  or  vacancy  in  the 
offices  of  both  Governor  and  Lieut.  Governor, 
shall  exercise  the  office  of  Governor. 

6th.  With  a  proviso,  that  no  person  shall  be  eli- 
gible to  the  office  of  Governor  or  Lieut.  Govern- 
or, or  to  be  a  Senator^  or  Representative,  unless 
he  shall  be  a  Freeman  of  the  State,  shall  have  been 
five  years  a  citizen  of  the  United  States,  and  shall 
have  resided  in  this  State  three  years  next  before 
his  election,  the  last  year  of  which  in  case  of  a 
Senator,  shall  have  been  in  the  County,  and  in 
case  of  a  Representative,  in  the  town,  for  which 
he  shall  be  elected. 

7th.  That  a  Senator  shall  be  incapable  of  hold- 
ing any  of  the  following  offices  or  places,  to  wit: 

or  any  office  in  the  Judiciary  w  hich  is  to  be  hold- 


14 

en  during  good  behaviour ;  but  the  acceptance  of 
any  of  the  places  or  offices  before  mentioned,  shall 
vacate  his  seat  in  the  Senate. 

8th.  In  addition  to  the  command  in  chief  of  the 
Militia,  and  the  ordinary  and  constituted  powers 
of  the  Executive,  which  are  hereafter  to  be  vest- 
ed in  the  Governor,  that  he  shall  nominate,  and  by 
and  with  the  advice  of  the  Senate,  appoint  all 
Judges  in  the  courts  of  law  and  chancery,  Sheriffs, 
High  Bailiffs,  and  Justices  of  the  Peace,  Major 
Generals  and  Brigadier  Generals  in  the  Militia, 
and  in  like  manner  to  nominate  and  appoint  all 
other  officers  under  the  constitution  and  laws  of 
this  State,  for  whose  appointments  provision  shall 
not  be  otherwise  made  by  law,  or  by  the  constitu- 
tion as  amended. 

9th.  To  provide  for  a  court  of  chancery  distinct 
from  the  courts  of  law,  with  general  jurisdiction 
in  causes  proper  for  a  court  of  Equity.  The  Chan- 
cellor to  hold  his  office  on  the  same  tenure,  re- 
movable in  the  same  manner  as  the  Judges  of  the 
Supreme  Court ;  and  to  be  in  like  manner  secure 
in  respect  to  his  compensation. 

10th.  The  Judges  of  the  Supreme  Court  to  hold 
their  offices,  respectively,  during  good  behavior ;' 
removable  nevertheless,  by  a  concurrent  resolu- 
tion of  the  Senate  and  House  of  Representatives, 
passed  by  a  majority  of  two  thirds  of  each  House. 
^  11th.  Each  .Judge  shall  receive  a  compensation 
to  be  fixed  by  law,  and  which  ehall  not  be  dimin- 
ished during  his  continuance  in  office. 

12th.  The  Chief  .Judges  of  the  several  Circuits 
of  the  County  Courts,  or  Common  Pleas,  whenever 
such  Courts  shall  be  established  in  lieu  of  the  pres- 
ent system  of  County  Couiis,  shall  hold  their  re- 
spective offices  on  the  same  tenure,  and  remova- 
ble in  the  same  manner,  as  is  provided  in  the  case 
of  Judges  of  the  Supreme  Court. 

13th.  All  other  Judges  of  any  of  the  Couiis  of 


15 

law,  Judges  of  Probate  and  Justices  of  the  Peace, 
to  hold  their  offices  for  seven  years  from  the  tune 
of  their  respective  appointments,  and  no  longer, 
unless  re-appointed  ;  subject  to  be  removed  as  iu 
the  case  of  Judges  of  the  Supreme  Court. 

14th.  To  provide  that  the  privilege  of  the  writ 
of  Habeas  Corpus  shall  not  be  suspended ;  and 
that  provision  shall  be  made  by  law  to  render  it 
an  expeditious  and  effectual  remedy  in  all  cases 
proper  therefor. 

15th.  To  provide  that  the  Governor,  with  the 
Judges  of  the  Supreme  Couii,  and  Chancellor, 
when  there  shall  be  such  officer,  shall  be  a  council 
of  revision ;  to  whom  all  acts  shall,  before  they 
become  laws,  be  submitted  for  revision ;  and  who, 
if  they  shall  deem  any  act  inexpedient,  improper, 
or  unconstitutional,  shall,  within  a  time  to  be  pre- 
scribed, return  such  act,  with  their  objections  in 
writing,  to  the  House  in  which  the  same  originat- 
ed ;  and  such  act  shall  not  become  a  law,  unless 
the  same  shall  be  re-passed  by  two  thirds  of  the 
members  present  in  each  House. 

16th.  The  Governor  to  have  the  power  of  calling 
the  Legislature  to  meet  on  special  occasions,  and 
to  adjourn  the  two  Houses  if  they  cannot  agree  on 
a  time  of  adjournment. 

All  which  is  humbly  submitted,  by 
N.  CHIPMAN,  for  Com.mittee. 

The  foregoing  Report  having  been  read,  was  ac- 
cepted. 

Mr.  Marsh  called  up  the  Report  of  the  Commit^ 
tee  to  enquire  whether  all  the  statutes  of  this  S tat^ 
now  in  force,  are  consistent  v>  ith  the  various  pro-* 
visions  of  the  Constitution,  which  having  been 
again  read,  was  accepted ;  and  the  following  Res- 
olution was  introduced  and  passed,  to  wit : — 

In  Council  of  Censors^  Oct  20,  1813. 

Resolved,  That  Messrs.  Marsh  and  Farrand  be 
a  Committee  to  report  to  the  Council  resolutions. 


16 

tccommending  the  repeal  of  the  Act  entitled  "  An 
Act  to  prevent  intercourse  with  the  enemies  of  this 
and  the  United  States,  on  the  northern  frontier," 
passed  6th  Nov.  1812  ;  and  the  Act  entitled  "  An 
Act  to  suspend  process  against  the  persons  and 
property  of  the  officers  and  soldiers  of  this  State, 
while  in  service,"  passed  the  day  last  aforesaid,  as- 
signing reasons  for  repealing  each  Act  respective- 
On motion  of  Mr.  Chipman,  to-morrow  mormng 
is  assigned  to  take  up  the  Report  of  the  Commit- 
tee on  the  proposal  of  alterations  and  amendments 
to  the  Constitution. 

The  Council  adjourned  until  9  o'clock  to-mor- 
row morning, 

Thursday,  Oct  21,  1813—9  o'clock  A.  M. 
The  Council  met  according  to  adjournment. 
Mr.  Marsh,  from  the  Committee  appointed  yes- 
terday to  report  to  the  Council  Resolutions,  recom- 
mending to  the  Legislature  the  repeal  of  certain 
Acts— made  a  Report  in  part,  which  was  accepted ; 
and  the  said  Report  having  been  read  by  para- 
graphs, and  having  undergone  sundry  amendments, 
was  adopted  in  the  following  words  : 

In  Council  of  Censors,  Oct  21,  1813. 

Mesolved,  That  the  act  of  the  Legislature  of  this 
State,  entitled  "  An  act  suspending  civil  process 
against  the  persons  and  property  of  the  officers 
and  soldiers  of  this  State,  while  in  service,"  passed 
on  the  6th  Nov.  last,  is  subversive  of  the  rights  and 
privileges  of  the  citizens  of  this  and  the  United 
States ;  and  its  various  provisions  are  made  in  vio- 
lation of  the  letter  and  spirit  of  the  constitution  of 
the  United  States,  and  the  constitution  of  this 
State. 

It  is  a  violation  of  the  constitution  of  the  Unit- 
ed States, 

In  that  the  said  act  provides,  "  that  no  writ  of 
summons  or  attachment  against  the  body  or  prop- 


IT 

erty  of  any  officer  or  soldier  belonging  to  this 
state,  while  in  actual  service,  shall  be  had  or  pros- 
ecuted, nor  any  judgment  rendered  thereon ;  nor 
any  writ  or  writs  of  execution  issued  after  the 
passing  of  said  act,  against  any  such  officer  or  sol- 
dier, on  any  judgment  or  judgments  already  ren- 
dered." 

Whereas  the  said  constitution  provides  that "  the 
constitution  and  the  laws  of  the  United  States, 
which  shall  be  made  in  pursuance  thereof,  shall  be 
the  supreme  law  of  the  land :  and  the  judges  in 
every  state  shall  be  bound  thereby,  any  thing  in 
the  constitution  and  laws  of  any  state  to  the  con- 
trary notwithstanding :"  and  the  said  laws  of  the 
United  States,  made  in  pursuance  of  the  said  con- 
stitution, do  confer  on  the  citizens  of  this  and  the 
United  States,  the  right  of  suing  the  citizens  of  this 
state,  both  officers  and  soldiers,  in  various  instan- 
ces in  the  said  laws  enumerated. 

It  is  a.  violation  of  the  said  constitution. 

In  that  the  subject  matter  thereof  is,  by  the  said 
constitution,  confided  to  the  legislature  of  the  U- 
nited  States,  which  had,  before  the  passing  of  the 
said  act,  acted  on  tlie  subject  in  such  manner,  that 
whatever  privilege  of  suing  the  officers  and  sol- 
diers, was  not  taken  away  by  the  act  of  congress^ 
is  virtually  secured  to  th^  citizens  of  this  and 
the  United  States,  and  cannot  be  alfected  by  any 
net  of  any  particular  state. 

It  is  a  violation  of  the  said  constitution, 

la  that  its  direct  tendency  is  to  impair  the  judi- 
cial power  of  the  United  States,  as  secured  to  them 
in  the  second  section  of  the  third  article  of  the  said 
constitution,  and,  in  pursuance  thereof,  delegated 
to  the  courts  of  the  United  States,  by  the  various 
acts  of  Congress. 

It  is  a  violation  of  the  said  constitution. 

In  that  it  is  a  law  impairing  the  obligation  of 
contracts,  contrary  to  the  provisions  of  the  tenth 


18 

section  of  the  first  article  of  the  said  constitutionv 
It  is   a  violation  of  the  constitution  of  this 
state. 

In  that  it  exempts  the  militaiy  from  the  consti- 
tutional subordination  to  the  civil  power  ;  and  sub- 
jects the  citizens  of  this  and  the  United  States  to 
injury,  abuse,  and  deprivation  of  civil  liberty,  by 
the  said  officers  and  soldiers,  and  leaves  them 
without  redress  by  suits  at  the  common  law,  con- 
trary to  the  sixteenth  article  in  the  bill  of  rights  of 
the  said  constitution. 

It  is  a  violation  of  the  said  constitution. 

In  that  it  is  an  unnecessary  delay,  and  even  de- 
nial of  recourse  to  the  law^s  and  of  justice,  to  the 
citizens  of  this  and  the  United  States,  contrary  to 
the  fourth  article  of  the  said  bill  of  rights. 
It  is  a  violation  of  the  said  constitution. 

In  that  it  has  a  tendency  to  deprive  the  citizens 
of  this  state,  and  the  citizens  of  the  United  States, 
who  come  among  us,  of  the  unalienable  rights  of 
enjoying  and  defending  life  and  liberty  ;  acquir- 
ing, possessing,  and  protecting  property,  and  pur- 
suing happiness  and  safety,  contrary  to  the  first 
article  of  the  said  bill  of  rights — Therefore, 

JResoIved,  That  this  council,  as  watchmen  upon 
the  walls  of  the  political  safety  and  happiness  of 
the  people  of  the  state  of  Yermont,  view,  with 
deep  concern,  the  multiplied  aggressions  of  the 
military  power,  both  officers  and  soldiers,  during 
the  year  past,  upon  the  civil  rights,  privileges,  and 
property  of  the  peaceable,  unoffending,  and  de- 
fenceless citizens  of  this  state. 

Resolved,  That  while  we  witness,  not  only  the 
existence  of  the  said  aggressions,  but  perceive  that 
they  are  not  only  ])ermitted,  but,  through  the  im- 
punity afforded  to  the  aggressors,  have  even  been 
invited  by  the  solemn  act  of  the  legislature  of  a 
free,  sovereign,  and  independent  people,  in  the 
provi.*:ions  of  the  act  aforesaid ; — not  to  remonsiratey 


19 

wotild  be  to  join  in  overthrowing  the  liberties  of 
our  country,  and  betraying  a  trust  reposed  in  us 
by  the  constitution  of  this  state. 

Resolved,  That  this  council  do  earnestly  recom- 
mend to  the  legislature  of  this  state,  now  in  session, 
the  immediate  and  unqualified  repeal  of  the  said 
act — and  that  the  secretary  of  this  board  forthwith 
transmit  a  copy  of  these  resolutions  to  the  speak- 
er of  the  house  of  representatives,  to  be  laid  before 
that  honorable  body  for  their  consideration. 

The  petition  of  William  Gibson  and  others,  in- 
habitants of  Ryegate,  Barnet  and  Topsham,  who 
**  profess  the  Presbyterian  religion  as  it  has  been 
professed  in  the  purest  times  of  reformation,"  and 
who  **  look  upon  that  form  of  church  government 
to  secure  ihe  rights  of  God  and  man  better  than  any 
other ;" — and  praying  that  the  constitution  may  be 
so  amended,  as  that  *^  the  scriptures  of  the  Old  and 
New  Testament  shall  he  declared  the  supreme  rule  in 
all  things,  and  paramount  to  all  laws  and  constitu- 
tions ;  and  that  no  law,  contrary  to,  or  inconsistent 
7viih  the  same,  shall  he  binding  on  the  conscience  of 
any  Christian/'' — was  received  and  read,  and  laid 
on  the  table. 

The  Council  adjourned  until  2  o'clock  this  af- 
ternoon. 

At  two  o'clock  P.  M.  the  Council  met  according 
to  adjournment. 

On  motion  of  Mr.  Marsh,  Messrs.  Jewett  and 
Hall  are  appointed  a  committee  to  examine  the 
account  of  orders  drawn  on  the  Treasurer  of  this 
State  by  the  Auditor  of  Accounts  for  the  last  sev- 
en years  ; — and  make  report  to  tliis  Council. 

The  Council  adjourned  until  to-morrow  morn- 
ing. 

Friday,  Oct.  22,-- 9  o'clock  A.  M 
The  Council  met  according  to  adjournment. 
On  motion  of  Mr.  Hall,  the  Council  took  up  the 
proposed  amendments  to  the  constitution,   as  re- 


20 

ported  by  the  Committee  on  that  subject  ;-**and 
having  spent  considerable  time  in  the  discussion  of 
the  same,  adjourned  to  2  o'clock  this  afternoon. 

At  two  o'clock  P.  M,  the  Council  met  pursuant 
to  adjournment,  and  having  spent  some  time  Oft 
the  proposed  amendments  to  the  constitution,  ad- 
journed until  to-morrow  morning. 

Saturday^  Oct  23, — 9  o^dock  A.  M. 

The  Council  met  according  to  adjournment,  and 
took  up  the  proposed  amendments  to  the  constitu^ 
tion,  as  reported  by  the  Committee  appointed  on 
that  subject. 

The  second  proposition  was,  on  motion  of  Mr. 
Marsh,  referred  back  to  the  Committee,  to  make 
a  new^  arrangement  for  the  election  of  a  Senate. 

The  fourth  proposition  as  reported  by  the  Com- 
mittee, was  ordered  to  be  stl-jcken  out. 

After  considerable  time  spent  in  the  discussion 
of  said  report,  the  Council  adjourned  until  2  o'clock 
this  afternoon. 

At  two  o'clock  P.  M,  the  Council  met  pursuant 
to  adjournment. 

Mr.  Farrand,  from  the  Committee  appointed  by 
resolution  on  the  20th  inst.  reported  the  following 
resolutions : 

In  Council  of  Censors,  Oct  23,  181 3. 

Resolved,  That  having  examined  an  act  of  the 
Legislature  of  the  State  of  Vermont,  passed  the 
6th  day  of  Nov.  1812,  entitled  "  An  act  to  prevent 
intercourse  with  the  enemies  of  this  and  the  Unit- 
ed States,  on  the  northern  frontier,"  this  Council 
is  of  opinion,  that  the  said  act  is  contrary  to  the  va- 
rious provisions  in  the  constitutions  of  this  and  the 
United  States. 

It  is  contrary  to  the  provisions  of  the  constitu- 
tion  of  the  United  States,  in  this  : — 

That  by  the  said  constitution  of  the  IT.  States, 
the  power  to  regulate  commerce  with  foreign  na- 
tions, and  to  regulate  captors  both  by  land  and 


21 

water,  are  delegated  to  the  congress  of  the  United 
States ; — and  the  before  mentioned  act  seems  to 
be  an  attempt  to  wrest  this  power  from  congress, 
and  place  it  in  the  hands  of  the  legislature  of  this 
state,  by  regulating  commerce  with  the  province 
of  Canada ;  and  by  authorizing  captors  both  by 
land  and  by  water. 

It  is  contrary  to  the  provisions  of  the  constitu- 
tion of  this  state,  in  this : — 

By  that  constitution,  the  right  to  trial  by  jiUy  is 
secured  to  every  citizen,  in  cases  proper  to  be  tried 
by  jury  :  whereas  this  act  deprives  any  person, 
whose  property  may  be  seized  under  the  said  act, 
of  the  right  to  such  trial,  and  even  of  any  trial,  by 
authorizing  any  three  justices  in  the  state,  one  of 
whom  to  be  a  judge  of  the  county  court,  without 
regard  to  time  or  place,  immediately  on  receiving 
a  libel  of  said  property,  to  proceed  and  condemn 
the  same,  without  any  notice  that  his  property  has 
been  seized  and  libelled. 

Altbough  this  council  feel  a  deep  concern  at 
this  departure  from  the  rules  established  by  our 
constitution,  and  by  the  uniform  practice  for  a 
series  of  years,  in  settling  and  establishing  the 
rights  of  property :  yet  they  feel  it  to  be  of  litile 
moment  when  compared  with  the  violations  of  per- 
sonal liberty,  which  appear  in  various  parts  of  this 
act. 

We  find  by  the  second  section  of  the  said  act, 
that  any  citizen  of  this  or  the  United  Stales,  while 
about  his  lawful  and  necessary  business,  may,  on 
the  suspicion,  or  pretended  suspicion,  of  any  one, 
be  deprived  of  his  liberty,  and  held  in  durance  un- 
til a  warrant  can  be  obtained  to  take  him  before  a 
magistrate ;  there — -not  to  answer  for  any  crime 
committed,  but  to  give  secmrity  that  he  will  not  be 
guilty  of  the  crime,  which  the  person  apprehending 
him,  suspected  he  was  about  to  commit. 

We  find  by  the  fourth  section  of  the  act  under 


22 

consideration,  that  every  person  travelling  through 
this  state,  under  suspicious  circumstances,  is  liable 
to  have  his  trunk  opened  and  searched — his  pa- 
pers, of  whatever  kind,  searched  and  seized,  by 
any  and  every  justice  of  the  peace,  within  whose 
jurisdiction  he  may  happen  to  be ;  and  this  without 
any  warrant  obtained  therefor. 

We  need  only  refer  you  to  the  eleventh  article 
of  the  bill  of  rights  to  prove  the  repugnancy  of  this 
act  to  our  sacred  constitution. 

This  council,  acting  as  faithful  censors  and  guar- 
dians of  the  liberties  of  the  people,  cannot  refrain 
from  observing,  that  such  acts  of  the  legislature 
have  a  demoralizing  influence  on  society ;— tend  to 
let  loose  one  class  of  citizens  against  the  other ; — 
to  produce  recriminations  and  revenge  ;  and  to  in- 
troduce discord  and  confusion  in  this  once  happy 
and  peaceful  state.— Therefore, 

Resolved,  That  the  speedy  and  unqualified  re- 
peal of  said  act,  be  recommended  to  the  legisla- 
ture ;  and  that  the  secretary  to  this  board  be  di- 
rected to  transmit  a  copy  hereof  to  the  speaker  of 
the  house  ot  assembly,  to  be  laid  before  that  honor- 
able body. 

The  foregoing  reported  resolutions  having  been 
read,  were  adopted. 

Mr.  Marsh  introduced  a  resolution  declaring  an 
act  of  the  legislature,  directing  the  deed  of  Job , 
and  Theoda   Wood  to  be  given  in  evidence,  to  be 
unconstitutional ;  which  was  read,  and  ordered  to 
lie  on  the  table. 

The  proposed  amendments  to  the  constitution 
were  again  taken  up ;  and  after  considerable  dis- 
cussion thereof,  were  referred  back  to  the  commit- 
tee on  that  subject,  to  report  specific  articles. 

On  motion  of  Mr.  Chipman,  Messrs.  Hall  and 
Farrand  were  added  to  the  committee  on  the  pro-» 
posed  amendments  to  the  constitution. 

The  Council  adjourned  until  Monday  ©ext. 


25 

Monday,  Oct.  25,  1813.— 9  o'clock  A.  M. 

The  Council  met  according  to  adjournment,  and 
took  up  the  resolutions  introduced  on  Saturday 
last  by  Mr.  Marsh ;  which  having  been  read,  pass- 
ed in  the  words  following,  to  wit : 

In  Council  of  Censors^  Oct,  25,  1813. 

Resolved,  That  the  act  entitled  "  An  act  direct- 
ing the  deed  of  Job  and  Theoda  Wood  to  be  given 
in  evidence,"  passed  the  20th  October,  1812,  is  un- 
constitutional, and  ought  not  to  have  been  passed. 

The  said  act  recites,  that,  "  whereas  Job  Wood, 
and  Theoda  Wood,  wife  of  said  Job,  late  of  Ben- 
nington, in  the  county  of  Bennington,  did  execute 
a  deed,  granting  all  their  right  and  title  unto  the 
estate,  both  real  and  personal,  of  Henry  Walbridge, 
2d.  late  of  said  Bennington,  deceased,  to  Stebbins 
Walbridge,  of  said  Bennington,  dated  the  26th  day 
of  March,  1800,  which  deed  was,  on  the  14th  day 
of  March,  1801,  at  said  Bennington,  duly  acknowl- 
edged by  the  said  Job,  as  also  by  the  said  Theoda, 
separately  and  apart  from  her  husband,  as  the  law 
requires  ; — that  the  same  was  executed  freely,  and 
without  any  compulsion  of  her  husband ;  a  certifi- 
cate of  which  said  acknowledgment  was  then  and 
there  made  upon  the  said  deed,  by  Samuel  Saf- 
ford,  then  councillor  and  justice  of  the  peace,  be- 
fore whom  the  said  acknowledgment  was  made,  the 
said  Job  Wood  and  Theoda  Wood,  his  wife,  per- 
sonally appeared,  and  as  the  law  directs,  severally 
acknowledged  the  same  to  be  their  free  act  and 
deed,  before  said  justice : — and  whereas  doubts 
have  arisen  whether  the  said  deed  could  be  read 
in  evidence  ;  which  to  remove,  the  said  act  enacts— 
"  That  the  said  deed  herein  before  described  be, 
and  the  same  is  hereby  directed  to  be  good  and 
valid,  and  that  the  same  shall,  to  all  intents  and  pur- 
poses, have  the  same  force  and  effect  as  if  the  cer- 
tificate of  acknowledgment  had  been  made  in  the 
usual  form.'* 


24 

.The  said  act  is  uneonstitutional-^-In  th«t  it  ap- 
pears in  the  recitative  clause  of  the  said  act,  that 
the  said  deed,  for  want  of  a  proper  acknowledg- 
ment endorsed  thereon,  and  recorded  at  length  with 
the  said  deed,  was,  by  the  existing  law  of  this  state, 
absolutely  void ;  and  that  in  consequence  thereof 
the  title  to  the  real  estate  described  in  the  said  deed, 
remained  vested  in  the  said  Theoda  Wood,  and 
might  have  become,  at  the  time  of  passing  the  said- 
act,  vested  in  her  heirs,  or  subsequent  grantee. 

The  enacting  clause  of  the  said  act  therefore 
tends  to  divest  one  individual  of  a  private  right  and 
title,  and  to  invest  the  same  in  another  individual, 
by  a  sovereign  act  of  the  legislature  -.—whereas  the 
constitution  does  not  confer  on  the  legislature  anjr 
power  to  decide  on  rights  of  individuals ;  and  e ve^ 
ry  attempt  thus  to  decide  on,  and  destroy  the? 
rights  of  individuals,  by  the  legislature,  is  an  am 
sumption  of  pow  er  not  warranted  by  the  constitu- 
tion.— Therefore, 

Resolvedy  That  this  Council  do  recommend  ta 
the  legislature  now  in  session,  to  repeal  the  said' 
act ;  and  that  the  secretary  of  this  board  be  di- 
rected to  transmit,  forthwith,  a  copy  of  these  reso- 
lutions to  the  speaker  of  the  house  of  representa-^^ 
tives,  for  the  consideration  of  that  honorable 
body. 

The  Council  adjourned  to  2  o'clock  this  after- 
noon. 

At  two  o'clock  P.  M.  the  Council  met  agreably 
to  adjournment,— and  after  having  had  under  con-^ 
sideration  the  proposed  amendments  to  the  consti- 
tution, with  a  view  of  instructing  the  committee  on, 
that  subject ;  adjourned  until  to-morrow  morning.' 
Tuesday,  Oct.  26.-~9  o'clock  A,  M. 

The  Council  met  according  to  adjournment,— 
and  to  give  time  to  the  several  committees,  adjourn-^ 
ed  until  2  o'clock  this  afternoon. 


At  t»o  o^clock  P.  M.  the  Council  met  according 
to  adjourfiment. 

The  Committee  on  the  proposed  amendments  to 
the  constitution,  made  a  detailed  report  of  articles 
to  be  added  to  the  constitution — which  was  read 
and  accepted :  and  the  same  having  been  discussed, 
and  several  amendments  made  thereto,  tiie  Coun-» 
eil  adjourned  until  to-morrow  morning. 

Wednesday,  Oct  27— -9  o'clock  A.  M. 

Tlie  council  met  according  to  adjournment. 

The  Council  took  up  the  articles  reported  by 
the  Committee  on  the  proposed  amendments  io 
the  constitution;  and  having  gone  through  the 
same  by  paragraphs,  and  several  amendments  hav- 
ing been  made  thereto,  was  adopted  as  follows ; 
and  ordered  to  be  engrossed,  to  be  signed  by  the 
members,  and  proposed  to  the  people  as  amend- 
ments to  the  constitution. 

1st.  There  shall,  hereafter,  in  lieu  of  the  present 
Executive  Council,  be  a  Senate ;  v^hich,  with  the 
liousQ  of  Representatives,  shall  be  a  co-ordinate 
branch  of  the  Legislature  of  the  State  of  yermont. 

2d.  The  Representatives  shall  be  elected,  as  is 
provided  by  the  present  Constitution.  The  Sen- 
ate and  House  of  Representatives  shall  constitute 
i}\e  General  Assembly  of  the  State  of  Vermont, 

3d.  The  Senate  shall  be  composed  o{  twenty-four 
Senators,  to  be  elected  by-: the  Freemen  of  each 
County  respectively  ;  the  votes  to  be  given  for  the 
whgle  number  to  be  elected  for  such  County,  ia 
the  same  manner  as  is  provided  in  the  election  of 
Councillors ;  eacli  County  to  be  entitled  to  one, 
and  the  remainder  to  be  appoilioned  to  the  several 
Counties,  according  to  their  population,  agreeable 
to  the  last  Census  of  the  United  States,  regard  al- 
ways being  h?d,  in  the  apportionment,  to  the  Coun- 
ties having  the  greatest  fraction.  The  several 
Counties  shall,  until  after  the  next  Census  of  the 
United  States,  be  entitled  to  elect  their  Senators, 


26 

in  the  following  proportion,  to  wit :  Benningloit 
County  two — Windham  County  three — Rutland 
County  three — ^Windsor  County  four — Addison 
County  two — Orange  County  two — Chittendenr 
Coutity  one — Caledonia  County  one — Franklin 
Coanty  two — Orleans  County  one — Essex  Coun- 
ty one — Grand-Isle  County  one — and  Jefferson 
County  one.  And  the  persons  having  the  great- 
est number  of  legal  votes,  shall  be  declared  duly 
elected.  The  Legislature  shall  make  a  new  appor- 
tionment of  the  Senators  to  the  several  Counties, 
after  the  taking  of  each  Census  of  tiie  United  States; 
always  regarding  the  above  provisions  in  this  Ar- 
ticle. 

4th.  For  the  first  election  of  Senators,  after  the 
adoption  of  this  amendment,  the  Freemen  of  the 
several  towns  in  each  county,  shall  give  their  votes 
for  the  number  of  Senators  apportioned  to  such  coun- 
ty, at  the  same  time ;  and  under  the  same  regula- 
tions,^ as  is  provided  for  the  election  of  Council^ 
lors.  Ariel  the  Constable,  or  presiding  officer, 
shall,  in  lite  manner,  sort  and  count  the  said  vofes» 
and  make  two  lists  of  the  name  of  each  person, 
with  the  number  of  votes  given  for  each,  annexed 
to  his  nftme ;  a  record  of  which  shall  be  made  in 
the  tow^ri  clerk's  office ;  and  shall  seal  lip  such  listk 
separately,  and  write  on  each  the  name  of  the 
town,  and  these  words,  "  Voles  for  Senators  /'  one 
of  which  lists  shall,  by  iiie  presiding  officer,  be  de- 
livered to  the  representative  for  said  town,  to  be 
transmitted  to  the  President  of  the  Senate;  the 
other  list,  the  said  presiding  officer  shall  deliver  ta 
ilie  Clerk  of  the  County  Court  for  said  County,, 
within  ten  days ;  whose  duty  it  shall  be  to  sort  and 
count  said  votes,  and  make  a  record  of  the  same  ; 
a  copy  of  which  he  shall  transmit  to  the  Senate; 
and  ihall  also,  on  or  before  the  first  day  of  Octo- 
ber (hen  next,  transmit  to  the  person  or  persons 
liavingthe  greatestnumber  of  votes  for  Senator  or 
h^eiiators,  a  certificate  of  his  or  their  election. 


27 

otb.  The  members  of  the  Senate  shall  be  elect- 
ed for  three  years ;  and  immediately  afte?*  the 
first  election,  shall  be  divided  by  Jot  into  three 
classes;  the  seaj^s  of  the  first  class  to  be  vacated  at 
the  end  of  the  first  year,  and  the  seats  of  the  second 
class  at  the  end  jof  the  second  year ;  and  so  on 
continually,  to  the  end,  that  one  third  of  the  Sen- 
ate may  be  elecjted  annjually. 

6th.  At  the  first  sessipn  of  the  Legislature  after 
organization  of  JLhe  Senate,  provision  shall  be  made, 
by  law,  directing  the  mode  of  giving  in,  sorting, 
counting,  certifying,  and  returning,  the  votes  for 
Senators ;  aijd  for  mlijig  all  vacancies,  fey  ordering 
a  new  election  in  the  County,  or  Counties,  where 
such  vacancy  may  happen,  in  the  Senate,  by  re- 
signation, or  otherwise. 

7th.  The  Senate  shall  h^ve  the  like  powers  iq 
decide  on  the  elections  and  qualifications,  and  to  ex* 
pel  any  of  its  members,  and  to  make  its  own  rules^ 
and  appoint  its  own  officers,  as  is  provided  jn  the 
case  of  the  House  of  Representatives.  A  major 
part  of  the  Senators  shall  constitute  a  quorum. 
The  Lieutenant  Governor  shall  be  President  of  the 
Senate,  except  when  he  shall  exercise  the  office  of 
Governor ;  in  which  pase^  and  when  the  office 
shall  be  vacant,  and  in  the  absence  of  the  Lieuten- 
ant Governor,  the  Senate  shall  appoint  one  of  its 
own  members,  President  pro  tempore.  The  Lieu- 
tenant Governor,  when  presiding  in  the  Senate, 
shall  have  a  casting,  but  no  other  vote. 

8th.  The  Senate  shall  have  the  sole  power  to  try 
all  impeachments.  When  silting  for  that  purpose^ 
they  shall  be  on  oath  or  qiffirmation.  INo  person 
diall  be  convicted,  without  the  concurrence  of  two, 
thirds  of  the  members  present.  Judgment  in  cases 
of  impeachment,  shall  not  extend  luilher  than  to 
removal  from  office,  and  disqualification  to  hol4 
and  enjoy  any  office  of  honor,  trust  or  profit,  under 
this  State.     But  the  party  convicted  shall  npver- 


21 

ihelm%  b^  liabM  md  lubjec^  15  iftdietmmit,  u-tolj 
judgment,  and  punishment,  according  to  law. 

9th.  The  Goternor  and  Lieutenant  Goy^rfldT 
shall  be  elected  in  the  lAannef  prescribed  by  Ihd 
Constitution  and  laws  of  this  State ;  and  shall  hol4 
their  respective  offices  from  the  day  of  declaring 
their  election,  imtil  the  first  day,  indusive,  Of  tht 
next  annual  session  of  the  Legislature*  Th^  troti^i 
for  Governor,  Lieutenant  Goternor  and  Trfe^- 
urer,  shall  be  sorted  and  counted,  and  their  ^l^e» 
tions  declared,  by  a  conlmittee  appointed  by  thd 
Senate  and  House  of  Representatives*  If  th^Uft 
shall,  at  any  time,  be  no  due  election  by  ibe  Fre^ 
men,  of  Governor  or  Lieutenant  Governor,  the 
Senate,  with  the  House  of  Representatite^j  shall^ 
by  joint  ballot,  elect  to  the  officfe  of  Govertiol-  ^ 
Lieutenant  Governor,  as  the  case  itiay  be,  one  of 
the  two  candidates  for  those  offices,  respectively^ 
for  whom  the  greatest  number  of  votes  shall  haVft 
been  returned. 

10th.  No  person  shall  be  eligible  to  the  office  t&f 
Governor,  Lieutenant  Governor,  Senator  or  Rep^ 
resentative,  unless  he  be  a  Freeman  of  this  Statfe^ 
and  have  been  five  years  a  citizen  of  the  UMtfed 
States  ;  and  have  resided  in  this  State  three  yeaft 
next  before  his  election ;  the  last  year  of  which,  ift 
case  of  a  Senator,  shall  have  been  in  the  County, 
and  in  case  of  a  Representative,  in  the  town  for 
which  he  shall  be  elected. 

11th.  No  person  shall  be  allowed  to  vote  in  ^ny 
of  the  elections  aforesaid,  unless  he  be  a  citizen  of 
this  and  the  United  States. 

12th.  The  Governor  shall  be  Captain  GefteiflJ 
and  Commander  in  Chief  of  the  Militia  of  tliil 
State  ;  he  shall  commission  all  officers,  and  fill  all 
vacancies  in  office,  occasioned  by  death  or  other- 
wise, by  commissioning  some  fit  person  or  persons, 
as  the  case  may  require,  to  exercise  the  powers  and 
perform  the  duties  of  such  office,  until  the  same 


m 

can  be  iBlted  in  the  manner  directed  bj  law  or  this 
Constitution  ;  he  may  require  tlie  opinion  in  wri- 
ting of  the  Judges  of  the  Supreme  Court,  on  any 
legal  Or  constitutional  question,  relating  to  the 
powers  and  duties  of  his  office ;  and  may  also  de- 
mand of  any  officers,  in  the  executive  department, 
information,  or  their  opinion,  on  any  subject  tela* 
ting  to  the  duties  of  their  respective  office* 

13th.  The  Governor  shall  have  power,  after  con- 
victions) to  grant  pardons,  for  otFences  against  this 
State,  except  in  cases  of  impeachment  and  capital 
offender ;  but  he  shall,  in  capital  offences,  have 
power,  by  granting  reprieves,  to  suspend  execution 
until  afteV  the  next  session  of  the  Ligiglature ;  in 
which  cases  the  LegislJiture,  only,  shall  hate  pow« 
er  to  pardon* 

14th.  In  addition  to  the  powers  herein  befoi-e 
mentioned,  and  the  ordinary  powers  and  duties  of 
the  executive,  prescribed  by  the  Constitution  and 
laws  of  this  State,  the  Governor  shall  norainat^j 
aiid  by  and  witli  the  advice  and  consent  of  the  Sefi* 
ate,  appoint  all  Judges  in  the  Courts  of  Law  and 
Chancery,  Judges  of  Probate,  Sheriffs,  High  Bai* 
liffs.  Justices  of  the  Peace,  and  Major  and  Biigadier 
Generals.  A  nd  also  in  like  manner,  to  nominato 
and  appoint  all  other  officers  for  whose  appoint)- 
nients  provision  i^hall  not  be  otherwise  made  by 
law  or  tliis  Constituti<^. 

15th.  The  Representatives  of  the  several  Coun- 
ties, shall,  at  every  session  of  the  legislature,  from 
time  to  iixm,  in  County  Convention,  recommend 
to  the  Got'tH-nor  suitable  persons  to  be  appointed 
Justices  of  the  Peace,  in  the  several  towns  in  their 
i^gpective  Counties,  when  such  appointments  shall 
be  necessa^ry  :  And  shall,  in  like  manner,  when  the 
appointment  of  a  Sheriff*  or  High  Bailiff;  shall  be 
necessary  in  any  County,  recommend  two  suitable 
pei^ons,  for  each  or  either  of  said  offices,  a«  the 
ci^  nmy  be  5  mA  \)m  Qmt^ttii^  shall  Bomintte  to 


30 

each  office,  respectively,  one  of  the  two  persons 
recommended. 

16th.  The  Governor  shall  have  power,  in  case  he 
deem  it  expedient,  to  call  a  special  meeting  of  the 
Legislature. 

17th.  To  the  end  that  Laws,  before  they  are 
enacted,  may  be  more  maturely  considered,  and 
the  inconvenience  of  hasty  determinations  as  much 
as  possible  prevented,  every  bill  which  shall  have 
passed  the  House  of  Representatives  and  Senate, 
shall,  before  it  becomes  a  law,  be  presented  to  the 
Governor;  if  he  approves,  he  shall  sign  it;  if  not 
he  shall  return  it,  with  his  objections,  in  writing, 
to  the  House  in  which  it  originated ;  who  shall  en- 
ter the  objections  at  large  on  their  Journal,  and  pro- 
ceed to  reconsider  it.  If  after  such  reconsidera- 
tion, three  fifths  of  that  House  shall  agree  to  pass 
the  bill,  it  shall  be  sent,  together  with  the  objec- 
tions, to  the  other  House,  by  which  it  shall  like-; 
wise  be  reconsidered  ;  and  if  approved  by  three 
fifths  of  that  House,  it  shall  become  a  law.  But  in  all 
8uch  cases,  the  votes  of  both  Houses  shall  be  deter- 
mined by  yeas  and  nays ;  and  the  names  of  the 
persons  voting  for  or  against  the  bill,  shall  be  en- 
tered on  the  Journal,  of  each  House  respectively. 
If  any  bill  shall  not  be  returned  by  the  Governor 
within  five  days,  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall  become  • 
a  law  in  like  manner,  as  if  he  had  signed  it,  unless 
the  Legislature,  by  their  adjournment,  within  three 
days  ailer  the  presentment  of  such  bill  shall  pre- 
vent its  return  ;  in  which  case  it  shall  iM  become 
a  law. 

18th.  There  shall  be  established  in  this  State,  a 
Court  of  Chancery,  distinct  from  the  Courts  of  law, 
with  general  jurisdiction  in  causes  properly  deter- 
minable in  equity. 

19th.  The  Chancellor  shall  hold  his  office  on  the 
same  tenure,  and  be  removeable  in  the  same  man^^ 


31* 

ner,  as  is  proTided  in  the  case  of  Judges  of  the  Su- 
preme Court ;  and  shall  in  like  manner,  be  secur- 
ed in  his  compensation. 

20th.  The  Judges  of  the  Supreme  Court ;  shall 
hold  their  offices,  respectively,  during  good  behav- 
ior ;  they  shall,  nevertheless,  be  removed  from 
their  respective  offices,  by  a  resolution  of  the  Sen- 
ate and  the  House  of  Representatives,  assigning 
reasons  for  such  removal;  and  concurred  by  a  ma- 
jority of  two  thirds  of  each  house. 

21st.  The  Legislature  shall,  whenever  it  shall 
be  deemed  expedient,  establish  Circuit  Courts  of 
Common  Pleas,  in  lieu  of  the  County  Courts,  with 
a  Chief  Judge  for  each  circuit. 

22d.  The  Chief  Judges  of  the  Circuit  Courts 
shall  hold  their  respective  offices  on  the  same  ten- 
ure, and  be  removeable  in  the  same  manner,  as  is 
provided  in  case  of  the  Judges  of  the  supreme 
Court. 

23d.  All  other  Judges  of  the  County  or  Circuit 
Courts,  and  the  Judges  of  Probate,  shall  hold  their 
offices  for  five  years  ;  and  all  Sheriffs,  High  Bail- 
iffs,  and  Justices  of  the  Peace,  for  three  years, 
from  the  time  of  their  appointment,  respectively ; 
removeable  nevertheless,  as  in  the  case  of  the  Judg- 
es of  the  Supreme  Court.  Sheriffs  shall  be  inca- 
pable of  being  reappointed  to  the  same  office,  for 
three  years  next  succeeding  the  expiration  of  thr 
time  for  which  they  were  respeotively  appointed. 

24th.  All  elections  and  appointments  to  the  le- 
gislature, and  to  offices  under  the  Constitution, 
shall  be  annual,  in  all  cases  where  provision  is  not 
otherwise  made. 

25th.  No  person  shall  be  capable  of  holding,  in 
this  State,  more  than  one  of  the  ibllowing  offices 
or  places,  at  the  same  time,  to  wit; — Governor, 
liieut.  Governor,  Chancellor,  Judge  of  the  Su- 
preme Court,  Chief  Judge  of  any  Circuit  Couil, 
Representative  or  Senator  in  the  Congress  of  the 


is 

tlnited  States,  Treasurer  of  the  State,  Repi^serit- 
ative  or  Senator  in  the  leofislature  of  this  State, 
Surveyor  General,  or  Sheriff;  nor  shall  any  per- 
son holding  any  otfiee  of  profit  or  trust  under  the 
authority  of  Congress,  be  capable  of  being  elected 
a  Senator  or  Representative  in  the  State  Legisla,- 
ture,  or  of  holding  any  executive,  judiciary,  or 
military  office,  under  this  State, 

26th.  Neither  House  shall,  without  the  consent 
of  the  other,  adjourn  for  more  than  two  days,  nor 
to  any  other  place  than  that  in  which  the  two 
Houses  shall  be  sitting. 

27th.  The  writ  oi  Habeas  Corpus  shall  in  no  case 
be  suspended.  It  shall  be  considered  a  writ  issua- 
ble of  right ;  and  the  Legislature  shall  make  pro? 
vision  to  render  it  a  speedy  and  effectual  remedy, 
in  all  cases  proper  there  for. 

28tk  Be  it  ordained.  That  such  parts  and  pro- 
visions only,  of  the  Constitution  of  this  Static,  es- 
tablished by  convention,  on  the  ninth  day  of  July, 
one  thousand  seven  hundred  and  ninety  three,  as 
are  altered  or  superceded  by  any  of  the  foregoing 
amendments,  or  are  repugnant  thereto,  shall  here- 
after cease  to  have  effect. 

The  foregoing  proposed  amendments  having 
been  adopted,  the  following  resolutions  was  intro- 
duced by  Mr.  Marsh,  and  passed. 

In  Council  oj  Censors,  Oct.  27,  1813. 

JResolvedy  two  thirds  of  this  Council  concurring 
herein,  that  it  is  expedient  to  call  a  convention  to 
meet  at  thQ  State  house  in  montpeller,  on  the 
day  of  for  the  purpose  of  taking  into  con- 

iiideration  the  proposed  amendments  to  the  Consti-  * 
tution,  as  agreed  on  by  this  Council. 

Those  who  voted  for  said  resolution  are  Messrs. 
Tichenor,  Bailey,  Bayleys,  Chipman,  Clark,  JFar- 
rand,  Hall,  .levvett,  Marsh,  Strong  and  Temple — 
no  one  voting  in  the  negative. 

On  motion,  Messrs.  Chipman  and  Temple  were 


3^ 

Hfppointed  a  committee  to  draft  and  report  aix  ot* 
dinance,  directing  the  mode  of  electijig  members 
of  said  convention; 

The  Council  adjourned  until  to-morrow  morn- 
ing. , 

TJmrsdmf,  Oct.  ^^Sr-^  & docU  A,  M. 

The  Council  met  pursuant  to  adjournment. 

On  motion  of  Mr.  Tichenor, 

Resolved,  That  a  committee  of  tWo  be  appointed 
to  report  the  articles  in  the  constitution,  that  are 
in  any  manner  altered  or  abolished,  by  the  propos- 
ed amendments  thereto. 

Members  Chosen,  Messrs.  Chipmanatid  Bayley. 

Mh  Hall  asked,  and  obtained  leave  of  absence, 
from' this  day  at  noon,  until  the  end  of  the  session. 

The  petition  of  Joseph  Hi  Ellis,  complaining  of 
the  Judges  of  the  Supreme  Court,&c.  was  called  up, 
and  after  a  short  discussiani  the  petitioner  haud  leave 
to  withdraw  his  petition.  , 

The  Council  adjourned' until  2  o'clock  P.  iVf. 

At  tv/o  o'clock  the  Council  met  agreeably  to  ad- 
journment; and  to  give  time  to  committees,  ad- 
journed until  to-morrow  morning. 

Friday,  Ocfl  29—9  o'clock  A.  M 

The  Council  met  according  to  adjournment. 

Mr.  Chi|>man  from  the  committee  appointed  to 
report  the  articles  in  the  constitution,  that  rare  ia: 
any  manner  altered  or  abolished,  by  the  proposed 
anisndments  thereto ; — iirade  report ; — 

That  in  the  iirst  chapter  of  said  copstitutioii;  €(|f~ 
titled,  "  A  Declaration  of  tfie  Rights  of  the  Sidte 
of  Vermont^^—no  article  is  altered^  abolished  or 
superseded,  ^5^  any  of ^he*  amendments  proposed' 
by  this  Couheii. 

That  in  the  second  chapter  of  said  constitution 
entitled,  ^'  A  plan  or  frame  of  Government'"— ih^ 
following  ajlieles  or  sections,  are  altered,  abolish- 
ed or  superseded,  either  in  whole  or  part,  to  wit; 
the  first,  second,  third,  fifth,  ninth,  te'ntW,  eleTerrth, 

E 


34 


sixteenth,  eighteenth,  twenty-first,  twenty-fourth, 
twenty-ninth,  thirtieth,  and  thirty-ninth.  All 
which  is  submitted,  &c. 

(Signed)  N.  CHIPMAN, 

I.  BAYLEY. 
The  president  of  this  Council  laid  before  the  board 
"  A  statement  of  balances  due  the    Treasury  for 
taxesy'  as  prepared  by  the   Treasurer  of  the 
State,  in  the  words  and  figures  following,  to  wit : 
A  STATEMENT  OF  BALANCES  DUE  THE 
TREASURY  FOR  TAXES. 

Bennington  County. 


Arlington 

Readsboro' 

Sunderland 


1810  tax  $36  91 
1807  l.tax  34  40 


1807 
1807  I. 
180S 
1811 
Woodford        1807  L 
Windham. 
Londonderry    1 809 
1810 
Rutland. 
CastletoD  1809 

Fair  haven         1811 
MounthoUey    1811 


Orwell 

Barnard 
Cavendish 


Hartford 
Hartland 
Pomfret 

Royalton 
Norwich 


Sharon 

Weatherefield 

Weston 


1808 
Windsor. 
1810 
1811 
1809 
1810 
1811 
1808 
1809 
1810 
1811 
1801 
1807 
1811 
1807  1 
1811 
1808 


Orange. 


Brookpeld       1810 


93 

7  54 
2  83 

13  18 
50  41 

19  42 
27  51 

14  52 

26  40 
16  41 

67 

23  32 
19  35 
45  84 

27  07 
33  87 

153  31 
10  59 
13  39 

12  80 
61  37 
20 

172  56 

18  23 

152  87 

8  32 

13  84 


Fairlee 

1811 

14  53 

Newbury 

Orange 

Strafford 

1809 
1807 
1807 

1  99 
15  84 
17  56 

Roxbury 
Tunbridge 

1810 
1808 

7  13 

46  50 

1811 

132  11 

Vershire 

1809 

33  74 

1811 

58  53 

Chittenden. 

Huntington 
Shelburn 

1807  1. 
1807 

,    37  76 
23  95 

Caledonia. 

Waterford 

1810 

36  11 

Franklin. 

Fairfield 

1807 

21  39 

Bakersfield 

1807  1. 

40  42 

Fletcher 

1811 

7  86 

Georgia 

1810 

71  46 

1811 

23  89 

Huntsburgh 

Swauton 

1811 
1811 

29  43 
39  37 

St.  Albans 

1809 

11  75 

1810 

191  64 

Orleans. 

Barton 

1809 

7  55 

Derby 
Duncansboro' 

1807  1. 
1807  1. 

4  22 

230  40 

Eden 

1807  1. 

149  69 

Glover 

1897  1. 

50  40 

Holland 

18071. 

230  40 

Eden 

1808 

18  24 

a^um. 

ra809 

18  34 

35 


1810 

16  06 

Duxbuiy 

1810 

1  10 

Irasburgh 

1807  1. 

40  2C 

Moutpelier 

1811 

208  27 

Lutterlocl 

I        1808 

1 

Middlesex 

1806* 

15  23 

Morgan 

1807  1. 

119  68 

1807 

28  10 

Essex. 

1811 

24  97 

Caaaan 

1807 

19  83 

Moretown 

18071. 

73  38 

1809 

29  06 

1809 

40  89 

1810 

31  07 

1810 

40  84 

isn 

30  09 

1811 

37  68 

Concord 

181! 

46  31 

Piainfieid 

ilsS06 

83 

Lunenburgh     1309 

2  48 

1811 

57  02 

1810 

29  74 

Waitsfield 

1808 

31  11 

Grand'Istc. 

IS-j' 

86  25 

Alburgh 

1807 
Jefferson. 

2  43 

Watcrbury 

1811 

2  48 

Calais 

1811 

32  77 

Si 80  98 


A  statement  of  Balances  in  the  several  Sheriffs 
handSy  viz. 

Gilbert  Denison,  Sheriff  of  Windham 
County,  balance  due  on  extents  for  the 
last  tax 

This  balance  I  expect  will  be  settled 
before  the  Assembly  adjourns. 

U.  W.  Hyde,   late  Sheriff  of  Rutland 

County,  balance  due  on  extents  rec'd       494  67 
said  Hyde  has  been  extented,  and  his 
bail  have  agreed  to  settle  this  balance. 

William  Slade,  late  Sheriff  of  Addison 

'    County,  balance  due  on  extents  rec'd    1689  31 

Daniel  Staniford,  late  Sherifl'of  Chitten- 
den County,  balance  due  for  extents, 
about 

property  has  been  put  into  the  hands 
of  Col.  Harrington  for  collection  to 
pay  this  balance. 

Israel  P.   Dana,   Sheriff    of    Caledonia 
County,  for  extents  on  the  last  tax 
this  balance  I  expect  will  be  settled 
before  the  Assembly  adjourns. 

Oliver  D^^jy  former  Sheriff  of  Franklin 
County,  balance  due  about 

William  Henes,   late   Sheriff  of  Essex 


600  00 


996  93 


33  00 


3B' 

Gounty,  balance  due         ejttented  300  00 

David  Hibbardjun.  prcs€5Bt  Sheriff  of  Es- 
sex County,  extents  for  the  last  tax  415  84 
this  sum  I  expect  will  be  settled  be- 
fore the  Assembly  adjourns. 

Mr.  Strong  introduced  the  following  resolution, 
which  was  read  and  passed,  to  wit : 

''^  Council  of  Censors,  Oct.  29, 1813. 

Resolved^  that  a  committee  of  two  be  appointed 
to  report  a*  stiifable  address  to  accompany  the  pro- 
posed amendmeiits  to  the  constitution. 

Members  chosen,  Messrs.  Marsh  k  Farrand. 

The  Council  adjourned  until  to-morrow  morn- 
ing- 

Saturday  Oct,  30 — 9  fPclock  A.  3L 

The  Coi^ncil  met  according  to  adjourument. 

Mr.  Marsh  reported  an  address  to  accompany 
the  proposed  amendments  to  the  Constitution — 
which  was  read  and  re-committed  to  the  same 
committee  for  the  purpose  of  making  some  addi- 
tions and  amendments  thereto. 

The  Council  adjourned  until  Monday  morning 
next. 

Monday,  Nov.  1 — 9  o'clock  A.  M. 

Mr.  Chipman,  from  the  Committee  appointed  to 
draft  an  ordinance,  directing  the  mode  of  election, 
of  the  members  of  the  Convention,  reported  an  or- 
dinance for  that  purpose^  which  having  been  read 
and  considered,  and  amended,  passed  in  the  follow- 
ing words,  to  wit : 

STATE  OF  VERMONT. 

In  Council  of  Censor s,  November  1,  1813. 
This  Council  having  agreed  to   propose  certairt. 
amendments  to  the  Constitution   of  this  State,  and 
having  determined  to  call  a  Convention,  to  consid- 
er of  such  amendments :  Their  fore, 

IT  IS  ORDERED  BY  SAID  COUNCIL, 
Tkat  a  Convention  of  the  People  of  \\\q  State. 


m 

of  Yermont,  shall  meet  at  the  State  House,  in 
MontpeUer,  on  the  first  Thursday  of  July  next,  to 
consider  of  the  ainendiiaents  to  the  Constitution, 
proposed  by  this  Council ;  and  1o  adopt  the  same, 
or  such  part  of  them,  as  the  said  Convention  shall 
judge  will  be  most  conducive  to  the  good  govern- 
ment, peace  and  happiness  of  the  good  People  of 
the  State.  And  for  the  purpose  of  electing  Mem- 
bers, to  attend  said  Convention,  the  first  Constable, 
or  in  his  absence,  the  Town  Clerk,  or  in  his  absences 
the  Select-men  of  each  Town  in  this  State,  entitled 
to  send  a  Representative  to  the  General  Assembly 
of  this  State,  without  further  order,  shall  set  up  a 
notification,  at  such  place  or  places,  as  shall  have 
been  appointed  by  the  Inhabitants  of  their  several 
towns,  for  notifying  town  meetings,  at  least  twelve 
days  before  the  last  Tuesday  of  May  next,  w  arn- 
ingthe  Freemen  of  their  respective  towns,  to  meet 
on  the  said  last  Tuesday  of  May  next,  at  one  ofthe 
o'clock  afternoon,  at  the  usual  place  of  holding 
Freemen's  Meeting  in  such  town,  for  the  pmpose 
of  electing  a  Delegate  or  Representative,  to  repre- 
sent said  town  in  said  convention  ;  at  the  openirig 
of  which  meeting,  this  Order  shall  be  publicly 
read. 

And  the  first  Constable,  or  in  his  absence^  the 
Town  Clerk,  or  in  their  absence,  one  of  the  Select- 
men, or  a  Justice  ofthe  Peace  ofthe  same  town, 
shall  be  the  presiding  officer  of  such  meeting ; 
whose  duty  it  shall  be,  to  call  on  the  Freemen  of 
such  town,  from  time  to  time,  for  the  space  of  three 
hours,  to  give  in  their  votes  for  a  Delegate  to  rep- 
resent such  town  in  said  Convention ;  which  votes 
shall  be  given  and  received  in  the  same  manner, 
and  under  the  same  regulations,  as  is  by  law  pro- 
vided in  the  case  of  the  election  of  a  Representa- 
tive to  the  General  Assembly  ;  at  the  expiration  of 
which  time,  the  votes  for  such  Delegate  or  Repre- 
sentative, shall  be  by  the  said  presiding  officer,  witli 


38 

the  assistance  of  the  Town  Clerk,  sorted  and  coun- 
ted ;  and  if  no  person  shall  have  a  majority  of  all 
the  votes,  the  said  pre«idin<r  officer  shall  notify  the 
same ;  and  call  on  the  freemen  as  aforesaid,  giving 
a  reasonable  time  only  for  receiving  such  votes, 
until  an  election  shall  be  made.  And  after  an  e- 
lection  shall  be  made  as  aforesaid,  the  presiding 
officer  of  such  meeting  shall  give  to  the  person  e- 
lected,  a  certificate  of  the  following  tenor,  to  wit  ;— 
At  a  Freemen's  Meeting,  legally  warned  and  holden 
at  on  the  last  Tuesday  of  may,  1814,  ^.  B. 

was  elected  a  Delegate^  by  a  majority  of  the  Freemen 
present,  to  represent  the  town  of 
in  Convention,  to  be  holden  at  Montpelier,  on  the  first 
Thursday  of  July  next,  for  the  purpose  of  taking  into 
consideration  certain  amendments  to  the  Constitution 
of  this  State,  proposed  by  the  Council  of  Censors  in 
November,  1813. 

Given  under  my  hand  at  this        day 

of  A,  JJ.  181 1. 

)  I'irst  Constable,  or 

CD./     presiding  officer, 

S      as  the  case  m ay  be. 

Which  certificate  shall  be  a  suilicient  Credential  of 

such  perrion's  election. 

Passed  in  Council  of  Censors,  Nov.  1,  1813. 
ISAAC  TICHENOli,  President 
Attest,  ROBERT  TEMPLE,  Secretary. 

The  Council  took  up  the  resolution  for  calling  a 
Convention,  passed  the  27th  Oct.  1 81  :>,  for  the  pur- 
pose of  filling  the  blanks  appointing  Ihe  time  for 
said  Convention  to  meet : — when  it  was  voted  that 
said  blank  be  filled  so  that  said  Convention  shall 
be  directed  to  assemble  on  the  first  Thursday  of 
July  1814. 

Mr.  Marsh,  from  the  Committee  appointed  for 
that  purpose,  reported  the  address  to  the  people,  to 
accompany  the  proposed  amendments  to  the  Con- 
stitution, with  additions  ;-— which  having  been  r^ad 
and  amended,  passed  in  the  words  following  to  wit : 


39 

TO  THE  PEOPLE  OF  THE 

STATE  OF  VERMONT. 

The  Council  of  Censors,  chosen  by  the  Free- 
men on  the  last  Wednesday  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thir- 
teen, regard  the  power  of  proposing  alterations  and 
amendments  to  the  Constitution,  and  calling  a  Con- 
vention to  consider  the  expediency  of  their  adop- 
tion, as  the  most  important  trust  confined  to  them 
by  the  people. 

The  Coimcil  has  taken  this  subject  into  serious 
consideration ;  attending  both  to  the  defects  in  the 
Constitution,  and  the  remedies  which  would  b^ 
most  likely  to  secure  the  rights,  and  promote  the 
happiness  and  prosperity  of  the  people. 

We  have  not  been  insensible  of  the  difficulties 
attending  innovations  upon  political  systems,  in 
times  like  the  present,  when  the  whole  civilized 
world  is  in  a  state  of  convulsion ;  and  when  our 
own  country  and  State  are  distracted  by  great  po- 
litical divisions — ^yet,  considering  that  we  were  not 
appointed  to  act  for  any  party  or  faction,  but  for 
the  good  of  the  w^hole  community ;  and  though  we 
are  not  wholly  of  the  same  opinion  or  party  in 
politics,  we  unanimously  agree  in  reccommending 
the  following  amendm.ents,  as  being  calculated  to 
secure,  more  eflectually,  the  inestimable  rights  of 
civil  liberty  to  individuals,  and,  at  the  same  time, 
by  defining,  more  distinct!}*,  the  powers  of  the  sev- 
eral branches  of  the  Government,  to  render  it  more 
permanent,  as  well  as  more  energetic  in  ic.->  opera- 
tions. 

The  experience  of  every  age  has  taught  man- 
kind the  necessity  of  vesting  portions  of  the  su- 
preme legislative  power  of  the  State  in  the  hands 
of  several  bodies  of  men,  in  order  to  form  proper 
checks  upon  the  hasty  and  undue  exercise  of  its 
authority.  We  have  tliougliL  the  want  of  this  a 
great  defect  in  our  Constitution  ;    and  liive  there- 


40 

fore  proposed  the  introduction  of  a  Senate,  as  a  co- 
ordinate branch  of  the  Legislature. 

The  people  are,  by  the  provisions  of  the  present 
Constitution,  represented  in  the  most  numerous 
branch  of  the  Legislature,  by  persons  annually 
chosen  by  the  Freemen  of  each  town,  without  re- 
gard to  the  number  of  its  inhabitants  ;  by  means  of 
^Vhich,  there  is  great  want  of  equality  in  the  rep- 
resentation of  the  people,  in  that  branch  of  the 
Legislature.  On  this  account  the  Council  thought 
that  the  representation  in  the  Senate  should  be  ap- 
portioned amon^  the  several  Counties,  as  near  as 
niight  be,  accordmg  to  the  number  of  inhabitants  ; 
and,  at  the  same  time,  securing  to  each  County,  its  ^ 
separate  right  of  representation  in  that  body.  The*^ 
representation  from  the  northern  Counties,  in  the 
House  of  Representatives,  is  at  present  more  nu- 
merous, in  proportion  to  their  inhabitants,  than 
from  the  other  parts  of  the  State.  By  the  appoint- 
nlent  of  the  Senators,  among  the  several  Countiefe, 
now  proposed,  it  is  believed  a  nearer  approach  is 
made  to  equality. 

It  has  been  thought  expedient  that  the  Senators 
should  be  elected  for  three  years,  and  yet  be  so 
classed,  as  that  one  third  of  the  whole  number 
should  be  chosen  annually ;  to  the  end  that  there 
might  be  always  a  quorum  of  old  members,  well 
acquainted  with  the  affairs  of  state,  and  the  vari- 
ous persons  holding  offices  in  the  different  parts 
thereof,  and  be  thereby  better  qualified  to  judge 
of  nominations  made  to  them  for  appointments  ; 
to  add  Aveight  and  stability  to  their  proceedings  : 
and,  in  general,  to  enable  them  more  understand- 
ingly  to  discharge  the  duties  of  their  station,  to  the 
satisfaction,  and  for  the  benefit  of  the  community. 
It  is  too  obvious  to  need  proof,  that  bodies  of 
men  are  unstable  in  proportion  as  they  are  nunie- 
roiis;  and  conduct"  without  due  consideration,  and 
regard  to  the  public  interjest.  in  proportion  as  their 


41 

j^sponsibility  is  shared  by  numbers.  We  have^ 
therefore,  thought  it  advisable,  to  confer  the  power 
of  nomination  to  office,  on  the  Governor ;  who,  by 
his  annual  election,  is  immediately  responsible  to 
the  people ;  and  the  power  of  controuling  appoint- 
ments to  office,  in  pursuance  of  his  nomination^  on 
the  Senate,  the  less  numerous  branch  of  the  Legis- 
lature. The  Council  hopes,  by  tliese  means,  to 
leave  the  choice  of  the  ipembers  of  the  Legislature 
more  free  from  the  influence  of  designing  men ; 
who  may  often  promote  the  election  of  individuals, 
in  order  that  themselves,  in  their  turn,  may  be  pro- 
moted :  And  also  to  relieve  the  Legislature  itself 
from  the  corrupting  influence  of  a  too  frequent  ex- 
ercise of  the  power  of  appointment ;  as  well  as  to 
5Ave  much  tune  of  the  Legislature,  and  expense  to 
the  Statcj  nbw^  wasted  in  the  present  mode  of  elect- 
ing officers. 

The  frequent  election  of  the  Judges  of  ilie<^ourts 
of  Law  and  Chancery,  it  is  believed,  must  unavoid- 
ably have  a  tendency  to  make  them  feel  depend- 
ant on  their  electors,  and  other  influential  mem- 
bers of  society ;  and  to  prevent  the  unbiassed  exer- 
cise of  their  opinions,  in  the  decision  of  causes  be- 
tween men  high  in  office  or  influence^  and  the  mem- 
bers of  the  lower  and  more  ordinary  classes  of  so- 
ciety i  "and  thereby  corrupt  the  fountain,  as  well 
as  the  streams  of  justice.  The  members  of  the 
Council,  therefore,  thought  it  their  duty  to  devise, 
a;id  reccommend,  an  amendment  of  the  Constitu- 
tion, rendering  the  Judiciary  so  far  independent,  as 
to  place  them  above  the  influence  of  popular  par- 
ty, or  personal  motives ;  and  yet  liable  to  removal 
for  reasonable  objections,  which  do  not  amount  to 
CAUse  of  impeachment.  They  have  therefore  pro- 
posed so  to  amend  the  Constitution,  as  to  have 
tiiem  appointed  during  good  behavior ;  yet  remov- 
able by  the  resolution  of  both  houses  of  the  Legis- 
lature, passed  by   two   thirds  of  the   meml^ers   of 


4^ 

e^cft;  as  being  the  best  medium  between  absolute 
independence,  and  an  entire  dependance  on  the 
r^presetitalives  of  the  people.  The  ordinary  Judg- 
es of  the  Courts  of  common  jurisdiction,  it  ha& 
been  thought  expedient,  should  hold  their  offices 
for  the  term  of  five  years,  removeable  in  the  same 
manner. 

Chancery  powers  cannot,  from  their  nature,  be 
accurately  defined  or  limited ;  and  are  therefore, 
in  some  measure,  dangerous ;  yet,  when  reduced 
to  system,  by  practice  and  precedent,  highly,  use- 
ful, important  and  necessary.  Tho  inconvenience 
of  the  exercise  of  those  powers,  by  the  Judges  of 
a  court  of  common  law  jurisdiction,  has  been  un- 
happily experienced  by  the  suitors  In  our  Courts. 
Great  delay  in  causes  in  Chancery  has  been  occa* 
sioned  by  want  of  time,  and  hurry  of  business,  oh 
tlie  law  side  of  the  Court.  Necessary  rules  and 
ordel^  for  bringing  causes  to  a  hearing  and  decis- 
ion, cannot  be  adopted  gind  maintained  m  our  pres- 
ent system :  And  the  unavoidable  precipitancy,  id 
the  proceedings,  forbids  Ihe  expectation  of  the  at- 
tainment of  correct  decisions,  by  the  proper  dis- 
cussion of  the  parties,  and  due  deliberation  of  the 
Court.  The  Council  has,  therefore,  recommended 
the  establishment  of  a  Court,  with  Chancery  pow- 
ers, distinct  from  the  Courts  of  law. 

We  have  taken  care  not  to  have  a  magistracy  od* 
ious  to  the  people,  by  requiring  their  immediate 
representatives,  in  county  convention,  from  time  to 
time,  to  recommend  to  the  Governor,  for  his  nomi- 
nation to  tlie  Senate,  suitable  persons  for  Justices 
of  the  Peace,  Sheriffs  and  High  Bailiffs,  in  theit 
respeetive  Counties. 

The  Council  has  made  the  several  proposed  a** 
mendmets  distinct  from  each  otlier,  to  the  end,  that 
any  ene,  or  more  of  them,  might  be  either  adop-^ 
ted,  or  rejected,  without  adopting  or  rejecting  the 
whole ;  as  might,  in  their  opinion,  b«  most  condu- 
cive to  the  welfare  of  the  people. 


43 

Sincerely  believing  that  the  aiiiendinents  propos- 
^d  will,  if  adopted,  contribute  to  tiie  security  of  the 
rights  and  happiness  of  the  people,  the  permanency 
of  the  government,  and  the  i'acility  of  tbe  exercise 
of  its  various  functions,  we  cordially  and  ejimestly 
recommend  them  to  your  dispassionate  copsiderji- 
tion. 

The  foregoing  address  having  been  adopt^fl, 
was  signed  by  the  following  members,  to  wit ; 

ISAAC  TICHENOP, 
NATHANIEL  CHIPMAN, 
DANIEL  FARRAND, 
EBENEZER  CLARK, 
ELIJAH  STRONG, 
CHARLES  MARSH, 
WILLIAM  HALL,  jun. 
LUTHER  .TEWETT, 
ISAAC  BAYLEY, 
NICHOLAS  BAYLIES,  k 
ROBERT  TEMPLE. 

The  Council  adjourned  until  two  o'clock,  P.  I\I, 

At  two  o'clock  P.  M,  the  Comicil  met  pursuant 
to  adjournment. 

On  motion  of  Mr.  Margh,  it  is  ordered,  that  tlie 
following  caption  be  piefixed  to  the  articles  propo- 
sed to  be  added  to  the  Constitution,  to  wit : 

'^Articles  of  amendment,  alteration  and  addition  to 
the  Constitution  of  the  State  of  Verpiont,  proposed 
by  the  Council  of  Censors,  on  the  first  day  qf  No- 
vember y  1 81 3." 

And, 

On  motion  of  Mr*  Marsh,  the  following  resolur 
tion  was  adopted,  and  ordered  to  be  signed  by  the 
President  and  Secretary,  and  to  be  annexed  and 
immediately  follow  the  articles  proposed  to  be  ad- 
ded to  the  Constitution : 

''In  Council  of  Censors,  Nov.  1,  1813.    . 

Resolvedy  That  the  foregoing  amendments,  a) 


44 

teration^  and  additions  to  the  Constitution,  cqn^ 
sisting  of  tTventy-eight  articles,  be  proposed  to  the 
people  for  their  consideration  and  adoption. 

On  motion  of  Mr.  Marsh, 

Resolved,  That  those  articles  in  the  Constitu- 
tion which  are  proposed  to  be  annulled,  altered  or 
abolished,  as  repoiled  fey  the  committee,  be  pub- 
lished with  the  following  caption  prefixed  thereto, 
as  follows : 

Articles  of  the  Constitution  of  the  State  of  Vermont, 

proposed  to  he  amended,  altered  or  abolished,  by  the 

Council  of  Censors. 

Art.  1.  The  Commonwealth  or  State  of  Ver- 
mont shall  be  governed  hereafter  by  a  Governor, 
(or  Lieutenant  Governor,)  Council,  and  an  Assem« 
bly  of  the  Representatives  of  the  Freemen  of  the 
same,  in  manner  and  form  following : 

Art.  2.  The  Supreme  Legislative  power  shall 
be  vested  in  a  Jlpuse  of  Hepresentatives  of  ilie 
Freemen  of  the  Commonwealth  or  State  of  Ver- 
mont. 

Art.  3.  The  Supreme  Executive  power  shall 
be  vested  in  a  Governor,  or,  in  his  absence,  a  Lieu- 
tenant Governor  and  Council. 

Art.  5.  A  future  Legislature  may,  when  they 
shall  conceive  the  same  to  be  expedient  and  ne- 
cessary, erect  a  Court  of  Chancery,  with  such  pow:- 
ers  as  are  usually  exercised  by  that  Couii,  or  as 
shall  appear  for  the  interest  of  the  Commonwealth  ; 
Provided,  they  do  not  constitute  themselves  the 
Judges  of  said  Court. 

Art.  9.  Tlie  Representatives  so  chosen  (a  ma- 
jority of  whom  shall  constitute  a  quorum  for  trans- 
acting any  other  business  than  raising  ?l  State  tax, 
for  which  two  thirds  of  the  m.embers  elected  shall 
be  present,)  shall  meet  on  the  second  Thursday  of 
the  succeeding  Oct.  and  shall  be  styled  The  General 
Assembly  of  the  State  of  Vermont :  They  shall  have 


.     45 

power  to  choose  their  Speaker,  Secretary  of  State, 
then-  Clerk,  and  oilier  necessary  officers  of  the 
House  ;  sit  on  their  own  adjournments  ;  prepare 
bills,  and  enact  them  into  laws  ;  judge  of  the  elec- 
tions and  qualifications  of  their  own  members  : 
They  may  expel  members,  but  not  for  causes 
known  to  their  constituents  antecedent  to  their  e- 
lection ;  they  may  administer  oaths  and  affirmations 
in  matters  depending  before  them ;  redress  griev- 
ances ;  impeach  State  criminals ;  grant  charters  of 
incorporation ;  constitute  towns,  boroughs,  cities 
and  counties  :  They  may  annually,  on  their  first 
session  after  their  election,  in  conjunction  with  the 
Council  (or  oftener  if  need  be)  elect  J  udges  of  the 
Supreme  and  several  County,  and  Probate  Courts, 
Sheriffs,  and  Justices  of  the  Peace  ;  and  also,  with 
the  Council,  may  elect  Major-Generals  and  Briga- 
dier Generalsj  from  time  to  time,  as  often  as  there 
shall  be  occasion ;  and  they  shall  have  all  other 
powers  necessary  for  the  Legislature  of  a  free  and 
sovereign  State.  But  they  shall  have  no  power  to 
add  to,  alter,  abolish,  or  infringe,  any  part  of  this 
Constitution. 

Art.  10.  The  Supreme  Executive  Council  of 
this  State  shall  consist  of  a  Governor,  Lieutenant 
Governor,  and  twelve  persons,  chosen  in  the  follov/- 
ing  manner,  to  wit ; — The  Freemen  of  each  town 
shall,  on  the  day  of  the  election  for  choosing  Rep- 
resentatives to  attend  the  General  Assembly,  bring 
in  their  votes  for  Governor,  with  his  name  fairly 
written,  to  the  Constable,  who  shall  seal  them  up 
and  write  on  them  "  Votes  J  or  Governor,^'  and  de- 
liver them  to  the  Representative  chosen  to  attend 
the  General  Assembly.  And  at  the  opening  of 
the  General  Assembly  there  shall  be  a  committee 
appointed,  out  of  the  Council  and  Assembly,  who, 
"after  being  duly  sworn  to  the  faithful  discharge  of 
tJieir  trust,  shall  proceed  to  receive,  sort,  and  count 
the  votes  for  the  Governor,  and  declare  the  person 


4t> 

who  has  the  irKijor  pail  of  the  votes,  to  be  Govej> 
nor  for  tlie  year  ensuing.  And  if  there  be  n^ 
choice  made,  then  the  Council  and  General  Assem- 
bly, by  their  joint  ballot,  shall  make  choice  of  a 
Governor.  The  Lieutenant  Governor,  and  Treas- 
urer, shall  be  chosen  in  the  manner  above  directed. 
And  each  Freeman  shall  give  in  twelve  votes  for 
twelve  Gouncillors,  in  the  same  manner,  and  the 
twelve  highest  in  nomination  shall  serve,  for  the  ea^ 
guing  year,  as  Councillors. 

Art.  1  ] .  The  Governor,  and  in  his  absence  the 
Lieutenant  Governor,  with  the  Council,  (a  inajor 
part  of  whom,  including  the  Governor  or  Lieuten- 
ant Governor,  shall  be  a  quorum  to  transact  busi* 
ness;)shall  have  power  to  commission  all  officers,  & 
also  to  appoint  officers,  except  where  provision  is 
or  shall  be  otherwise  made  by  law,  or  this  frame  of 
government ;  and  shall  supply  every  vacancy  in  a* 
ny  office,  occasioned  by  death,  or  otherwise,  until 
the  office  can  be  filled  in  the  manner  dixected  by 
law,  or  this  Constitution : — 

They  are  to  correspond  with  other  Stales ;  trans- 
act business  with  officers  of  Government,  civil  and 
military,  and  to  prepare  such  business  as  may  ap^ 
pear  to  them  necessary  to  lay  before  the  General 
Assembly :  They  shall  sit  as  Judges  to  hear  and 
determine  on  Impeachments,  taking  to  their  assist- 
ance, for  advice  only,  the  Judges  of  the  Supreme 
Court ;  and  shall  have  power  to  grant  pardons,  aad 
remit  fines,  in  ail  cases  whatsoever,  except  in  trea- 
son and  murder,  in  which  they  shall  have  power  Iq 
grant  reprieves,  but  not  to  pardon  until  after  the 
end  of  the  next  session  of  the  Assembly  ;  and  ex- 
cept in  cases  of  impeachment,  in  which  there  shall 
be  no  remission  or  mitigation  of  punishment,  but 
by  act  of  legislation  :  They  are  to  take  care  that 
the  laws  be  faithfully  executed  :  They  are  to  ex- 
pedite the  execution  of  such  measures  as  may  be 
resolved  upon  by  the  General  Assembly ;  and  they 


,  IT 

may  draw  upon  the  Treasury  for  mch  bums  as  may 
be  appropriated  by  the  Hoi'.^^e  of  Representatives : 
They  may  also  lay  embargoes,  or  prohibit  the  ex- 
portation* of  any  commodity  for  any  time  not  ex- 
ceeding thirty  days,  in  the  recess  of  the  House  on* 
ly.  They  may  grant  such  licences  as  shall  be  di- 
rected by  law  ;  and  shall  have  power  to  call  to- 
gether the  General  Assembly,  A^4ien  necessary,  be- 
fore the  day  to  which  they  shall  stand  adjourned. 
The  GoveiTior  shall  be  Captain  General  and  Com- 
mander in  Chief  of  the  forces  of  the  State,  but 
shall  not  command  in  person  except  advised  there- 
to by  the  Council,  and  then  only  so  long  as  they 
shall  approve  thereof.  And  the  Lieutenaiit  Gov- 
ernor shall,  by  virtue  of  his  office,  be  Lieutenant 
General  of  all  the  forces  of  the  State.  The  Gov- 
ernor, or  Lieutenant  Governor,  and  the  Council, 
shall  meet  at  the  time  and  place  with  the  General 
As^mbly :  The  Lieutenant  Governor  shall,  dui'- 
ing  the  presence  of  the  Commander  in  Chief,  vote 
and  act  as  one  of  the  Council ;  and  the  Governor, 
and  in  his  absence  the  Lieutenant  Governor,  shall, 
by  virtue  of  tlieir  offices,  preside  in  Council,  and 
have  a  casting,  but  no  other  vote.  Eyery  member 
of  the  Council  shall  be  a  Justice  of  the  Peace  for 
the  whole  State,  by  virtue  of  his  office.  The  Gov- 
ernor and  Council  shall  have  a  Secretary,  and  keep 
fair  books  of  their  proceedings,  wherein  any  Coun- 
cillor may  enter  his  dissent,  with  his  reasons  to 
support  it.  And  the  Governor  may  appoint  a  Sec- 
retary for  himself  and  his  Council. 

A^r.  16.  To  the  end  that  laws  before  they  are 
enacted  may  be  more  maturely  considered,  and  the 
inconvenience  of  hasty  determinations  as  much  as 
possible  prevented,  all  bills,  which  originate  in  the 
Assembly  shall  be  laid  before  the  Governor  and 
Council,  for  their  revision  and  concuirence,  or 
proposals  of  amendment,  who  shall  return  the  same 
to  the  Assemblys  with  their  proposals  of  amend- 


48 

'  ment,  if  any,  in  writing  ;  and  if  the  same  are  not 
agreed  to  by  the  Assembly,  it  shall  be  in  the  pow- 
er of  the  Governor  and  Council  to  suspend  the  pass- 
ing of  such  bills  until  the  next  session  of  the  Le* 
gislature.  Providedyih^i  if  the  Governor  &  Coun- 
cil shall  neglect  or  refuse  to  return  any  such  bill  to 
the  Assembly,  with  written  proposals  of  amend- 
ment, within  five  days,  or  before  the  rising  of  the 
Legislature,  the  same  shall  become  a  law. 

ArTo  18.  No  person  shall  be  elected  a  Reprc* 
sentative  until  he  has  resided  two  years  in  this  State, 
the  last  of  which  shall  be  in  "the  town  for  which  he 
is  elected. 

Art.  21.  Every  man  of  the  full  age  of  twenty- 
one  years,  having  resided  in  this  State  for  the  space 
of  one  whole  year  next  before  the  election  of  Rep- 
resentatives, and  is  of  a  quiet  and  peaceable  be- 
haviour, and  will  take  the  following  oath  or  affirm- 
ation, shall  be  entitled  to  all  the  privileges  of  a 
Freeman  of  this  State  : — 

"  You  solemnly  swear  (or  affirm)  that  whenever  yon 
give  your  vote  or  suffrage  touching  any  matter  that 
concerns  the  State  of  Vermont,  you  will  do  it  so  as  in 
your  conscience  you  shall  judge  will  most  conduce  to 
the  best  good  oj  the  same,  as  established  by  the  Con- 
siitiition,  without  fear  or  favor  of  any  man*'' 

Art.  24.  Every  officer  of  State,  whether  Judi- 
cial or  Executive,  shall  be  liable  to  be  impeached 
by  the  General  Assembly,  either  when  in  office,  or 
after  his  resignation  ;  or  removal,  for  mal-admin- 
istration.  All  impeachments  shall  be  before  the 
Governor,  and  Council,  who  shall  hear  and  deter- 
mine the  same,  and  may  award  costs ;  and  no  trial 
or  impeachment  shall  be  a  bar  to  a  prosecution  at 
law. 

Art.  26.  No  person  in  this  State  shall  be  capa- 
ble of  holding  or  exercising  more  than  one  of  the 
following  offices  at  the  same  tune,  viz.  Governor, 
Lieutenant  Governor,  Judge  of  the  Supreme  Court, 


4d 

Treasurer  of  the  State,  Member  of  the  Council^ 
Member  of  the  General  Assembly,  Smveypr-Gen* 
eral,  or  Sheriff.  Nor  shall  any  person,  holding  a- 
ny  office  of  profit  or  trust,  under  the  authority  of  ' 
Congress,  be  eligible  to  any  appointment  in  the 
Legislature,  or  of  holding  any  executive  or  judicia* 
ry  ofRce  under  this  State. 

Art.  30.  No  person  shall  be  eligible  to  the  office 
of  Governor  or  Lieutenant  Governor,  until  he  shall 
have  resided  in  this  State  four  years  next  preceding 
the  day  of  his  election. 

Art.  39.  Every  person,  of  good  character,  who 
comes  to  settle  in  this  State,  having  first  taken  an 
oath  or  affirmation  of  allegiance  to  the  same,  may 
purchase,  or  by  other  just  means  acquire,  hold,  and 
transfer  land,  or  other  real  estate  ;  and  after  one 
year's  residence  shall  be  deemed  a  free  denizen 
thereof,  and  entitled  to  all  rights  of  a  natural  born 
subject  of  this  State,  except  that  he  shall  not  be  ca- 
pable of  being  elected  Governor,  Lieutenant  Gov- 
ernor, Treasurer,  Councillor,  or  Representative  in 
Assembly,  until  after  two  years  residence. 

And, 

On  motion  of  Mr.  Marsh,  the  following  resolu- 
tion was  adopted,  and  ordered  to  be  annexed  and 
immediately  follow  the  said  ailicles,  and  to  be  sign- 
ed by  the  President  and  Secretary : 

In  Council  of  Censor Sy  Nov*  I,  18I3. 
Resolvedy  that  the  first,  second,  third,  fifth,  ninth, 
tenth,  eleventh,  sixteenth,  eighteenth,  twenty-first, 
twenty-fourth,  twenty-sixth,  thirtieth,  and  thirty- 
ninth  articles,  in  the  second  chapter  of  the  Consti- 
tution of  the  State  of  Yermont,  intitled  ^' A  plan  or 
frame  of  GovernmenV^ — be  published  with  the  a* 
mendments  proposed  by  the  Council,  as  being  eith- 
er altered,  amended  or  abolished,  either  in  whoie 
or  in  part,  by  the  said  proposed  amendments. 


50 

Mr.  Baylies  introduced  the  following  resolution, 
which  was  read  and  adopted. 

Ill  Council  of  Censors,  Nov.  1,  1813. 

Resolved,  that  twelve  hundred  copies  of  the  pro- 
posed amendments  and  alterations  of  the  Constitu- 
tion, and  articles  therein  to  be  amended,  altered  or 
abolished,  together  with  the  address  of  the  Coun- 
cil, and  their  resolutions  concerning  the  same,  be 
forthwith  printed ;  and  be  distributed  among  the 
people,  as  the  house  of  Representatives  may  di- 
rect. 

And  also,  Hesolved,  that  copies  of  the  doings 
of  the  Council  of  Censors,  in  relation  to  the 
alterations  and  amendments  of  the  Constitu-' 
tion,  be  transmitted  by  the  Secretary  as  soon  as 
may  be,  to  his  Excellency  the  Governor,  to  be  laid 
before  the  General  Assembly. 

Mr.  Bayley  was  appointed  to  make  up  the  de- 
benture of  the  Council  of  Censors. 

The  Council  adjourned  until  to-morrow  morn- 
ing- 

Tuesday,  Nov,  2,  9  o'clock  A.  M. 

The  Council  met  according  to  adjournment. 

On  motion,  Mr.  Marsh  was  appointed  to  prepare 
a  final  address  to  the  people,  and  to  report  the 
same  at  the  next  session  of  this  Council. 

On  motion  of  Mr.  Marsh,  Mr.  Hall  was  added 
to  the  committee  to  enquire  into  the  expenditure 
of  public  money — said  committee  to  report  at  the 
next  session. 

On  motion, 

Ttcsolved,  that  when  the  Council  adjourn,  they 
will  adjourn  to  meet  at  the  Court-House  in  Mid- 
dlebmy,  on  the  third  Tuesday  of  .January  next. 

Voted,  that  the  President  of  this  Council  be  re- 
quested to  remain  in  this  town,  until  the  proposed 
amendments  io  the  Constitution,  with  the  address 
to  the  peo|>le,  &c.  shall  have  been  printed,  for  the 
purpose  of  inspecting  the  proof-sheet. 


51 

The  Council  then  adjourned  to  meet  at  Middle- 
bury  on  the  third  Tuesday  of  January  next. 

Agreeably  to  the  adjournment  of  the  Council  of 
Censors,  several  of  the  members  assembled  at  Mid- 
dlebury  on  the  third  Tuesday  of  January,  A.  D. 
J  814 — but  a  quorum  not  appearing,  adjourned  un- 
til to-morrow,  at  10  o'clock  A.  M. 

Wednesday,  Jan,  19,  1814 — 10  o'clock  A,  M. 

Several  members  of  the  Council  met  according 
to  adjournment ; — but  a  quorum  not  yet  having 
appeared,  adjourned  until  to-morrow,  at  10  o'clock 
A.  M. 

Thursday,  Jan,  20,  10  o'clock  A,  31. 

The  Council  met  according  to  adjournment— 
a^id  a  quorum  of  the  members  appeared. 

The  President  of  the  Council  being  absent,  Mr. 
Marsh  was  appointed  President  y^ro  tempore. 

The  following  resolution  was  introduced  by  Mr. 
Baylies,  read  and  adopted : 

In  Council  of  Censors,  Jan.  20,  1814. 

Resolved,  that  the  Secretary  of  this  board  pro- 
cure 750  copies  of  the  Journal  of  this  Council  to 
be  printed :  and  that  the  same  be  distributed  by 
the  several  sheriffs,  as  follows,  to  wit :  two  to  the 
Governor,  five  to  the  Secretary  of  State,  two  to 
each  town-clerk  for  the  use  of  the  town,  and  two 
hundred  and  twenty  to  be  by  the  Sheriff  of  Jeffer- 
son County  distributed  among  the  members  of  the 
Convention,  when  assembled  in  Montpelier — and 
two  to  each  member  of  this  Council. 

The  Council,  after  having  had  under  considera- 
tion the  subject  of  the  expenditure  of  public  mon- 
ey, adjourned  until  to-morrow,  at  10  oclock,  A.  M, 
Friday,  Jan.  21,  1814,  10  o'clock  A.  M, 

The  Council  met  pursuant  to  adjournment. 

The  following  resolution  was  introduced  and 
passed : 

In  Council  of  Censors,  Jan,  2^  1814. 

Resolved,  that  the  Secretary  of  this  Council  be 
directed  to  transm.lt  to  his  Excellency  ibe  Cover- 


52 

nor  of  this  State,  a  certified  copy  of  the  articles 
proposed  to  be  added  to  the  Constitution,  with  a 
request  that  he  will  be  pleased  to  lay  the  same  be- 
fore the  Convention,  to  be  holden  at  Montpelier 
on  the  first  Thursday  of  July  next. 

The  Council,  after  having  had  under  considera- 
tion the  subject  of  the  expenditure  of  public  mon- 
ey, adjourned  until  10  o'clock  to-morrow  morning. 
Saturday,  Jan.  22,  1814,  10  o'clock  A.M. 

The  Council  met  according  to  adjournment. 
^  The  Hon.  Isaac  Tichenor,  President  of  the  Coun- 
cil, appeared  and  took  the  chair. 

Having  had  under  consideration  the  subject  of 
tlie  expenditure  of  public  money,  and  the  several 
duties  assigned  them  by  the  Constitution — adjourn- 
ed until  Monday  morning  next,  at  8  o'clock. 

Monday,  Jan.  24, 1814,  8  o'clock  A.  M. 

The  Council  met  according  to  adjournment. 

Mr.  Marsh,  from  the  committee  appointed  for 
that  purpose,  reported  the  following  address  to  the 
people; — which  having  been  read,  was  adopted,  and 
ordered  to  be  signed  by  the  President  and  Secreta- 
ry, and  published. 

TO  THE  PEOPLE  OF 

THE  STATE  OF  VERMONT. 

The  council  of  censors  deem  it  their  duty  to  lay  before  you  a 
concise  view  of  their  proceedings  on  the  various  subjects  which 
have  occupied  their  attention  during  the  year  past. 

Tt  will  be  leGollected  that  the  constitutional  duties  and  powers 
of  the  council  of  censors  is  comprised  summarily  in  the  following 
words  found  in  the  43d  Sec.  of  the  constitution,  *' whose  duty  it 
ehall  be  to  enquire  whether  the  constitution  lias  been  preserved 
inviolate  in  every  part  during  the  last  septenary — whether  the  le- 
gislative and  executive  branches  of  the  government  have  perform-, 
ed  their  duty  as  guardians  of  the  people,  or  assumed  to  themselves 
or  exercised  other  or  greater  powers  than  they  are  entitled  to  by 
tlie  constitution. 

*'They  are  also  to  enquire  whether  the  public  taxes  have  been 
y\s\\y  lai<i  ai^  collected  in  all  parts  of  tliis  commonwealth.  In 
what  mannemhe  public  monies  have  been  disposed  of,  and  Avheth- 
er  the  laws  have  been  dul}^  executed. 

*«JF0r  these  purposes  they  shall  have  power  to  send  for  person?. 


5a 

papers,  and  records— they  shall  have  authority  to  pass  public  cen- 
sure, to  order  impecxhment,  and  to  recommend  to  the  legislature 
the  repealiug  such  laws  as  shall  appear  to  them  to  have  been  pas- 
sed contrary  to  the  principles  of  (he  constitution. 

The  said  council  o:  censors  shall  also  have  power  to  call  a  con- 
vention to  meet  within  two  years  after  their  setting;,  if  there  ap 
pears  to  them  an  absolute  necessity  of  amending  any  article  in  the 
constitution  which  may  be  defective — Explaining  snch  as  may  be 
thought  not  clearly  expressed — and  of  adding  such  as  are  necessa- 
ry for  the  preservation  of  the  rights,  and  happiness  of  the  people." 
These  several  subjects,  and  the  conduct  of  the  different  oflicere  of 
government  in  relation  to  them  have  passed  in  review  befor^  us, 
and  occupied  our  serious  consideration.  We  deem  it  but  justice 
to  say,  that  in  general,  the  various  departments  and  officers  of  gov- 
ernment, have,  during  the  last  septenarj',  in  the  exercise  of  their 
various  functions,  kept  within  the  pale  oi  the  constitution  ;  jeU 
"Without  intending  to  cast  any  odium  on  any  pel-sons,  or  party,  we 
must  observe,  that  sundry  acts  of  .the  legislature  of  this  state,  pas- 
sed at  the  session  thereof  in  October,  1812,  are  violations  of  the 
consti  utions  of  this,  and  the  United  States  ;  and  that  the  legisla- 
ture in  passing  them,  have  not  performed  their  duty  as  tuaidians 
of  the  people  ;  but  have  assumed  to  themselves  and  exercised  grea- 
ter powers  than  they  were  entitled  to  by  the  constitution.  The 
acts  alluded  to  are  the  act  entitled  "An  act  directing  the  deed  of 
Job  and  Theoda  Wood  to  be  given  in  evidence"  passed  the  20th' 
of  Oct.  1812 — the  act  intitled  "an  act  to  prevent  intercourse  with 
the  enemies  of  this  and  the  U.  S.  on  the  northern  frontier,"  passed 
the  6lhofNov.  1812 — and  the  act  entitled  "an  act  suspending- 
civil  process  against  the  persons  and  property  of  the  officers  and 
soldiers  of  this  state,  while  in  the  service,"  passed  the  6lh  of  Nova 
1812.  These  several  ;\cts  the  council  has  recommended  to  the 
legislature  to  repeal ;  the  reasons  for  such  recommendation  may 
be  seen  at  large  in  our  journals.  The  council  has  had  the  satis* 
faction  to  notice,  that  the  two  last  named  acts  have  been  according- 
ly repealed. 

Nothing  appears  from  the  enquir}'  we  have  been  able  to  make, 
but  that  the  public  taxes  have  been  justly  laid  and  collected  in  al! 
parts  of  the  state. 

We  have  also  inquired  into  the  expenditure  of  public  monies  ; 
and  though  we  think  the  legislature  Iiave,  in  many  instances,  dur- 
ing the  last  septenary,  bv  special  acts,  granted  and  appropriated 
considerable  sums  incautiously,  and  to  an  unnecessary  amount ; 
yet  we  do  not  think  the  abuses  have  been  so  flagrant,  as  to  call  for 
any  particular  animadversion  of  this  board. 

We  have,  in  a  former  address  accompanying  the  proposed  a- 
mendments  to  the  constitution,  noted  in  brief,  our  reasons  for  re- 
commending their  adoption  by  the  people.  Wg  now  add  the  tbl- 
lowing : 


54 

It  is  of  mncli  importance  that  the  people  should  be  acquainteti 
personally  with  those  to  whom  they  commit  important  official  trusts. 
The  number  of  officers  who  are  to  be  chosen  by  a  general  vote  of 
all  the  fre€men,  should  therefore  be  diminished  as  much  as  may 
be.  By  substituting  a  senate  lor  the  executive  council,  and  hav- 
ing the  members  chosen  by  the  freemen  of  the  respective  coun- 
ties, the  candidates  will  be  more  immediately  known  to  all  who 
are  to  vote  for  them.  If  the  amendments  are  adopted,  there  will- 
be  no  officers  of  the  state  government,  except  the  governor,  and 
treasurer,  to  be  chosen  by  a  general  ticket. 

There  is  no  principle  of  government  more  difficult  to  provide 
for,  satisfactorily,  than  that  of  fixing  the  power  of  appointment  to 
office,  in  hands  where  it  will  not  be  liable  to  abuse.  In  order  to 
this,  it  is  necessary  to  have  it  confided  to  persons  immediately  re- 
sponsible to  the  people.  No  officer  is  more  so  than  the  governor. 
He  is  annually  elected  by  the  whole  people,  and  will  of  course 
feel  the  influence  of  every  powerful  motive  to  nominate  such  men 
to  office,  as  will  render  his  administration  acceptable  to  the  peo- 
ple. In  the  appointment  of  county  officers,  it  may  be  supposed 
that  the  senators  of  each  county  will  have  great  influence,  and  will 
for  that  reason,  as  they  will  be  deemed  in  some  measure  responsi- 
ble to  the  people  of  their  respective  counties,  be  careful  to  promote 
the  best  men  to  office. 

As  the  officers  of  government  are  now  chosen  by  the  joint  ballot 
of  the  exectttive  council  and  house  of  representatives,  there  is  little 
or  no  responsibility  to  the  people.  The  people  as  a  body,  can 
call  no  man  to  account,  (by  leaving  him  out  of  office,)  as  they 
know  not  which  individual  has  incurred  the  blame. 

Notwithstanding  we  think  that  judges  should  generally  hold 
their  offices  during  good  behaviour,  yet  there  may  be  exceptions 
to  this  rule.  Judges  may  by  age  and  imbecilty,  become  incom- 
petent to  the  discharge  of  their  official  duties,  without  being  liable 
to  impeachment.  We  have  therefore  provided  for  their  removal, 
by  the  resolutions  of  the  two  branches  of  the  legislature,  concurr- 
ed in  by  two  thirds  of  each  house. 

The  legislative  in  all  governments,  is  the  supreme  power  of  the 
state ;  and  this  a!ike,  whether  it  be  vested  in  the  people  themselves, 
their  representative  body,  or  in  the  monarch  ;  accordingly  in  des- 
potic governments  the  tyrant  always  takes  care  to  have  his  judges 
dependant  on  himself ;  and  by  this  provision,  he  necessarily  hold? 
the  lives  and  fortunes  of  his  subjects  entirely  under  his  controul. 
In  like  manner  those  meteors,  the  republics  of  ancient  times,  which 
appeared  indeed  for  a  little  time,  and  then  vanished,  made  their 
judges  dependant  immediately  on  the  people  ;  thus  securing  in 
themselves  the  seeds  of  their  dissolution ; — and  having  no  independ- 
ant  judiciary  to  withstand  the  violence  of  popular  factions  and 
individuals,  they  soon  became  a  prey  to  themselves.  It  is  easy  to 
perceive,  that  the  principle  of  dependence  wherever  it  may  rest, 


'  55 

ttill  have  the  same  general  tendency,  which  is  towards  partiality : 
*-And  partiality  in  the  judiciary  is  of  all  things  the  most  perni- 
cious ;  as  it  tends  to  the  preversion  of  justice  between  individuals, 
the  insecurity  df  civil  liberity,  and  ultimately,  to  the  dissolution  of 
the  government ;  and  to  the  consummation  of  despotism  in  the 
assumption  of  supreme  power  hysome  aspiring  individual.  Why 
do  onrlaws,  in  conformity  with  the  dictates  of  common  sense,  pro- 
hibit porsons  from  judging  between  their  relatives,  and  others  ? 
Is  it  not  because  they  are  dependant  upon,  or  feel  some  bias  to- 
wards one  of  the  parties  ?  and  is  not  the  principle,  the  same  in 
many  cases,  which  continually  arise  for  adjudication  in  our  courts 
of  law  and  chancery,  in  their  present  dependant  situation  ?  They 
are  dependant  on  the  legislature  ;  and  of  course  on  the  dominant 
party,  and  leading  members  of  that  body.  If  a  person  obnoxious 
to  the  ruling  party,  or  some  powerful  individual  of  such  party,  be 
prosecuted  for  a  supposed  olience  against  the  laws  of  community, 
can  it  be  expected  that  the  judges,  thus  dependant  on  such  party 
or  individual,  can  act  in  this  case  with  that  impartiality,  which  the 
laws  of  God  and  man  require  ?  If  not,  where  is  our  security  ?  Sup- 
pose a  civil  action  depending  between  a  popular  leader  in  the  pre- 
Tailing  party,  and  one  of  the  opposite  party,  or  an  obscure  mem- 
ber of  society,  the  friendless  widow,  or  helpless  orphan  ;  can  there 
be  that  security  for  an  impartial  decision,  as  if  no  such  dependance 
existed  ?  Surely  thxs  will  not  be  pretended. 

We  must  take  human  nature,  and  make  constitutions  and  laws 
for  its  regulation  and  government,  as  we  fiod  it  to  be.  If  the  jud- 
ges hold  their  offices  during  good  behaviour,  that  is,  while  in  the 
exercise  of  their  official  duties,  they  conduct  with  fairness,  impar- 
tiality, and  faithfulness,  will  not  their  motives,  even  if  they  are 
bad  men,  be  on  the  side  of  a  correct,  and  regular  discharge  of 
their  official  duties  ?  Will  they  not  say,  "it  is  for  the  want  of  this 
only,  that  we  can  be  turned  out  of  office  ?  If  we  are  honest  and 
faithful,  will  not  a  majority  of  the  people  and  of  the  legislature,  jus- 
tify our  conduct,  and  support  us  in  office  from  the  violence  of  par- 
ty r 

History  and  experience  teacli  us,  that  in  all  those  states  where 
tlje  judiciary  has  been  by  the  constitution  rendered  indcpendant  of 
the  other  branches  of  the  government,  and  even  of  the  people 
themselves,  civil  liberty  has  been  preserved  inviolate  ;  and  the 
decisions  in  civil  causes  have  inspired  the  utmost  confidence  in  that 
important  depai^raent  of  the  government.  The  knowledge  of  this 
truth  induced  tlie  sages,  who  framed  the  constitution  of  the  Uni- 
ted States,  as  well  as  the  people  of  all  our  sister  states,  except 
Rhode  Island  and  Connecticut,  to  incorporate  this  important  pro- 
vision into  their  respective  constitutions.  Accordingly,  we  find 
in  our  sister  states,  that  the  judges  enjoy  the  entire  confidence  of 
all  political  parties.  So  also  it  is  with  the  courts  of  the  United 
States-     No  one  thioks  of  enquiring  into  the  political  character  of 


56 

the  judge  by  whom  he  is  to  be  tried,  in  order  to  ascertain  thepro^ 
bable  result  of  the  controversy  in  which  he  is  engaged.  Can  thig 
tie  said  of  our  own  judicial  proceedings  in  the  court  of  the  highest 
jurisdiction,  in  this  state  ?  And  if  not  to  what  is  it  to  be  imputed* 
but  to  the  dependant  situation  of  the  admintstrators  in  that  tribij^ 
nal  ?  It  is  of  great  importance  not  only  that  justice  should  be  done* 
but  that  the  suitors  should  feel  satisfied,  that  their  trials  are  impar- 
taiily  conducted. 

It  will  be  observed,  that  by  the  last  article  of  the  proposed 
amendments,  "it  is  ordained,  that  such  parts  and  provisions  owZ^, 
of  the  constitution  of  this  state,  as  established  by  convention  on  the 
9th  of  July,  1793,  as  are  altered  or  superceded  by  the  foregoing 
amendments,  or  are  repugnant  there  to,  shall  cease  to  have  effect." 
—•The  consequence  is,  that  not  only  the  several  articles,  but  even 
parts  of  articles  or  provisions  of  that  instrument,  which  are  not 
contravened  by  any  of  the  proposed  amendments,  will  still  be  ia 
force. 

We  now  close  the  important  labors  assigned  to  us  by  the  consti- 
tution, in  the  hope,  that  our  fellow  citizens  will  extend  to  us  he 
charity  to  believe,  that  in  the  discharge  of  our  duties,  our  sole  ob- 
ject has  been  to  promote  the  happiness  ot  the  people,  and  to  secure 
their  rights  ;^-uniiifluenced  by  any  party  or  local  views  whatev- 
er; being  fully  persuaded,  that  in  the  establishment  of  lundamenta! 
principles,  the  permanent  good  of  the  whole  community  ought  and 
will  be  consulted,  independent  of  all  party  and  transient  considera- 
tions. 

By  order  of  Uie  council. 

ISAAC  TICHENOR,  President 
Robert  Temple,  Secretary/, 
Middlebury,  Januaiy  24,  1814, 

No  other  business  appearing  to  require  the  at- 
tention of  the  Council  of  Censors,  they  adjouriied 
without  day. 

I  hereby  certify,  that  the  foregoing  is  a 
true  Journal  of  the  Council  of  Censors,  at 
their  several  sessions  in  June  and  October, 
lol3,  and  January  1814— as  prepared  for 
publication  by  order  of  said  Council. 

R.  TEMPLE,  Secretary. 


